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SOUTH AFRICAN COMBAT SPORTS BILL LATEST · “combat sports” means a competitive contact sport...

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South African Combat Bill 1 SOUTH AFRICAN COMBAT SPORTS BILL, 2009 To provide for the regulation, control and general supervision of combat sports in the Republic; to ensure the effective and efficient administration of combat sports in the Republic; to recognise amateur combat sports; to create synergy between professional and amateur combat sports to ensure the effective and efficient administration of combat sports in the Republic;; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa, as follows— Definitions 1. In this Act, unless the context indicates otherwise— “amateur combat sports” means any form of combat sports without a pecuniary incentive for a participant in combat sports; “contact sport” means a sport where the rules of a sport allow for significant physical contact between its participants; “combat sports” means a competitive contact sport where two combatants fight against each other using certain rules of engagement, typically with the aim of simulating parts of real hand to hand combat involving techniques which encompass strikes, kicks, elbows and knees, grappling, superior positions, throws, both striking and grappling, hybrid martial arts and weaponry; “controlling body” means - (a) a national federation as defined in section 1 of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998);
Transcript
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South African Combat Bill

1

SOUTH AFRICAN COMBAT SPORTS BILL, 2009

To provide for the regulation, control and general supervision of combat

sports in the Republic; to ensure the effective and efficient

administration of combat sports in the Republic; to recognise amateur

combat sports; to create synergy between professional and amateur

combat sports to ensure the effective and efficient administration of

combat sports in the Republic;; and to provide for matters connected

therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as

follows—

Definitions

1. In this Act, unless the context indicates otherwise—

“amateur combat sports” means any form of combat sports without a

pecuniary incentive for a participant in combat sports;

“contact sport” means a sport where the rules of a sport allow for

significant physical contact between its participants;

“combat sports” means a competitive contact sport where two combatants

fight against each other using certain rules of engagement, typically with the

aim of simulating parts of real hand to hand combat involving techniques

which encompass strikes, kicks, elbows and knees, grappling, superior

positions, throws, both striking and grappling, hybrid martial arts and

weaponry;

“controlling body” means -

(a) a national federation as defined in section 1 of the National Sport

and Recreation Act, 1998 (Act No. 110 of 1998);

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(b) a provincial federation;

(c) an international controlling body; or

(d) an other body

governing a code of combat sports in the Republic under whose auspices a

specific combat sports as indicated in the definition of “combat sports” fall;

“elbow” means a strike with the point of the elbow, the part of the forearm

nearest to the elbow, or the part of the upper arm nearest to the elbow and

can be thrown sideways similarly to a hook, upwards similarly to an uppercut,

or downwards with the point of the elbow.

“grappling” means the gripping, handling, and controlling of an opponent

without the use of striking, typically through the application of various

grappling holds, choke holds, and counters to various hold attempts;

“grappling position” means the positioning and holds of combatants

engaged in grappling. Combatants are said to be in a neutral position if

neither is in a more favorable position.

“hybrid martial arts” means martial arts or fighting systems that incorporate

techniques and theories from several particular martial arts;

“kick” is a strike using the foot, leg, or knee (also known as a knee strike)

often used in hand-to-hand combat, especially in stand-up fighting;

“knee” is a strike using a knee, either with a kneecap or the surrounding

area;

“manager” means any person to whom a certificate of registration as such

has been issued in terms of section 5(1)(c);

“Minister” means the Minister responsible for Sport and Recreation;

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“mixed martial arts” means full contact combat sport that allows-

� a wide variety of fighting techniques from a mixture of martial arts

traditions and non-traditions, to be used in competitions of combat

sports;

� the use of striking and grappling techniques, both while standing and

on the ground; and

� martial artists of different backgrounds to compete against each other.

“national federation” for the purposes of the Act, means a national

governing body of a code of sport in the Republic recognised by the relevant

international controlling body as the only authority for the administration and

control of the relative code of sport in the Republic subject to such sport being

represented in at least 6 provinces in the Republic;

“official” means any referee, judge, timekeeper, assistant timekeeper,

announcer, second or ringmaster to whom a certificate of registration as such

has been issued in terms of section 5(1)(c);

“participant in combat sports” means any person to whom a certificate of

registration as such has been issued in terms of section 5(1)(c);

“person” means any natural or juristic person irrespective of such a person

being a South African citizen or a foreigner;

“prescribed” means prescribed by regulation made under section 19;

“professional combat sports” means any form of combat sports with a

pecuniary incentive for a participant in combat sports;

“promoter” means any person to whom a certificate of registration as a

promoter has been issued in terms of section 5(1)(c);

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'provincial federation' means a provincial governing body of a code of sport

in a province of the Republic recognised by the relevant national federation as

the only authority for the administration and control of the relative code of

sport in the said province;

‘‘Sports Confederation” means the Confederation as contemplated in the

National Sport and Recreation Act, 1998 (Act No. 110 of 1998) as may be

amended from time to time;

“ strike” means an attack with a part of the human body or with an inanimate

object, such as a weapon, intended to cause an effect upon an opponent or to

simply cause harm to an opponent.;

“throw” means a martial arts term for a grappling technique that involves off-

balancing or lifting an opponent, and tossing him/her to the ground and

usually involves a rotating motion as opposed to a takedown;

“tournament” means any function to which the public have access, whether

on payment of a charge for admission or not, and at which two or more

licensed professional participants in combat sports engage in combat sports

for gain, whether by way of competition, exhibition or otherwise;

“trainer” means any person to whom a certificate of registration as such has

been issued in terms of section 5(1)(c); and

“ultimate fighting”, also known as “combative fighting”, “toughman fighting”,

“toughwoman fighting”, “badman fighting”, “U.F.C.” and “extreme fighting”,

means a fight contest or fight exhibition, between two or more contestants,

with or without protective headgear, who use their hands, with or without

gloves, or their feet, or both, in a combative fight contest or exhibition and who

compete for a financial reward or any item of pecuniary value and which

match, contest, tournament, championship or exhibition is not recognized and

sanctioned by the Sports Confederation. Ultimate fighting shall not include:

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(a) professional or amateur boxing;

(b) professional or amateur wrestling;

(c) any competition displaying the skills of a single form of an oriental

system of unarmed self defense; including, but not limited to, kick

boxing, karate, or full contact karate, which is held pursuant to the

rules of that form and governed or authorized by a national or

provincial federation; or

(d) mixed martial arts fighting when the competition is sanctioned,

approved, or endorsed by an internationally recognised federation

that has been registered with the Sports Confederation; and

“weaponry” means combat sports where combatants, amongst others -

� compete against each other by using weapons such as types of swords

and sticks; and

� may also wear complex armor when they compete against each other.

Objects of Act

2. The objects of this Act are to—

(a) give effect to the provisions of the Constitution Act of South

Africa;

(b) regulate, control and exercise general supervision over

professional combat sports at tournaments in the Republic;

(c) protect and regulate the interests of participants in combat

sports, trainers, managers, promoters, officials and other

stakeholders involved in professional combat sports matters;

(d) promote—

(i) orderly collective action;

(ii) combat sports in the Republic; and

(iii) the effective resolution of combat sports disputes;

(e) eliminate undesirable practices and to maintain the highest level

of efficiency in combat sports;

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(f) provide a framework within which participants in combat sports,

combat sports officials, trainers, managers, promoters and all

other stakeholders in professional combat sports must—

(i) collectively determine terms and conditions of their

combat sports relationship and other matters of

mutual or other interest;

(ii) formulate a combat sports policy; and

(iii) formulate an anti-doping policy.

(g) give effect to all the rights and obligations incurred in terms of

this Act, and also those rights and obligations of a participant in

combat sports as a member of an international professional

combat sports body or organisation;

(h) provide for the registration and licensing of stakeholders in

professional combat sports and to ensure proper control and

democratic practices in the process;

(i) provide for the resolution of combat sports disputes through

arbitration, appeal and independent alternative dispute

resolution services accredited for that purpose;

(j) provide for disciplinary mechanisms to ensure the maintenance

of discipline in combat sports;

(k) provide for marketing mechanisms to promote professional and

amateur combat sports in general;

(m) provide for a working relationship in combat sports structures;

(o) provide for operational guidelines for to both professional and

amateur combat sports participants;

(p) consider the recognition of all international combat sports bodies

or organisations and their combat sports champions;

(q) provide for the participation and involvement of women in

combat sports; and

(r) provide for incidental matters.

Interpretation of Act

3. This Act must be interpreted—

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(a) to give effect to its objects;

(b) in compliance with the rules and regulations of international

combat sports bodies or organisations governing professional

and amateur combat sports;

(c) in conjunction with a constitution of a controlling body subject to

the provisions of section 4 (2), (3) and (4);

(d) to apply to both male and female combat sports; and

(e) subject to the Constitution Act of South Africa, 1996 and the

Safety at Sports and Recreational Events Act, 2010 including

any other relevant legislation.

Applicability of Act and constitution of controlling body

4.(1) This Act shall be applicable to combat sports at national or

provincial level in the Republic.

(2) A controlling body may, at the written request of an international

controlling body which is recognised by it, exercise or perform in any place

outside or inside the Republic, any power or function that the controlling body

is capable of exercising or performing by virtue of this Act or the constitution

of the controlling body.

(3) In the event of any conflict arising between this Act and any law

or constitution of a controlling body in force immediately prior to the date on

which this Act takes effect, other than the Constitution Act of South Africa, the

provisions of this Act prevail.

(4) A constitution of a controlling body shall be subject to compliance

with the provisions of-

(a) section 13C of the National Sport and Recreation Act, 1998 (Act

No. 110 of 1998); and

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(b) the Safety at Sports and Recreational Events Act, 2010.

Powers of controlling bodies

5.(1) For purposes of attaining the objects of this Act or its constitution,

a controlling body—

(a) may acquire, alienate or hire such property as it may consider

necessary for the effective performance of its functions;

(b) may invest or otherwise deal with its funds as may not

immediately be required for the purpose of meeting its financial

obligations of which investments the controlling body is fully

responsible and accountable for;

(c) may issue licenses in respect of combat sports to any person

that has applied in the prescribed manner;

(d) may license a person referred to in paragraph (c) as a—

(i) participant in combat sports or official, to take part in

tournaments in the capacity in which he or she has been

so licensed;

(ii) trainer, to train any participant in combat sports with a

view to his or her participation in tournaments as a

participant in combat sports;

(iii) manager, to manage the affairs of any participant in

combat sports subject to the provisions of this Act in so

far as they relate to his or her participation in tournaments

as a participant in combat sports;

(iv) promoter, to negotiate, subject to the provisions of this

Act, with any participant in combat sports with a view to

procuring his or her services as a participant in combat

sports at a tournament;

(e) in the case where the licensee requires a different licence, may

require him or her to relinquish the current licence;

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(f) may test the ability of any person applying for a license of

registration as a participant in combat sports, trainer or official

under paragraph (c) as it deems fit;

(g) may require any person applying for a license as—

(i) a trainer;

(ii) a promoter; or

(iii) a manager,

to furnish a controlling body with such information as it may

deem necessary;

(h) may suspend, cancel or renew any license issued under

paragraph (c);

(i) may sanction the holding of tournaments subject to such

conditions as it may deem fit: Provided that a controlling body

shall have the power to revoke such sanctioning in writing in the

event of a promoter not complying with any of the requirements

for the sanctioning of a tournament as may be prescribed from

time to time.

(j) at any time prior to the holding of any tournament, may prohibit

any participant in combat sports from participating in the

tournament if—

(i) after such examination or test for physical and

mental fitness as it may deem fit, it is satisfied that

the participant in combat sports should not be

allowed to participate; or

(ii) the participant in combat sports refuses to submit

himself or herself to an examination or test;

(k) may, if any participant in combat sports taking part in any

tournament is disqualified by the referee for—

(i) not participating in combat sports to the best of his

or her ability;

(ii) retiring from the tournament without sufficient

cause; or

(iii) committing a deliberate foul as prescribed,

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declare the whole or any portion of the amount payable to such

participant in combat sports for his or her services in the

tournament to be withheld pending further investigation and a

hearing before a panel designated by the controlling body

concerned;

(l) may provide for a system for the grading of participants in

combat sports and rating of tournaments;

(m) may institute disciplinary measures against any person involved

in combat sports;

(n) may impose appropriate punishment on a person found guilty in

such a disciplinary hearing as may be prescribed from time to

time;

(o) may enforce any refusal, suspension or cancellation of the

license of any participant in combat sports, official or promoter;

(p) may issue a license to any participant in combat sports, official

or promoter proceeding to any place outside the Republic to

take part in tournaments, in which case a full professional record

or any other information of the participant in combat sports

compiled by a controlling body and a medical certificate showing

the current medical status of the participant in combat sports

must be attached to the said certificate;

(q) may license any participant in combat sports ordinarily resident

outside the Republic to participate at tournaments in the

Republic, subject to compliance with the Aliens Control Act,

1991 (Act No. 96 of 1991), and to the said participant in combat

sports producing to a controlling body on arrival in the Republic,

a letter of authorisation from the controlling body of the said

participant by which he or she is licensed along with the full

current medical status and professional combat sports record of

that participant in combat sports;

(s) may, subject to the provisions of the Safety at Sports and

Recreational Events Act, 2010 take any steps which a

controlling body considers necessary or expedient for the due

and proper regulation or control of, or to enable it to exercise

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due and proper supervision over participants in combat sports at

tournaments;

(t) at the written request of an international controlling body which

is recognised by a controlling body, may host a tournament on

behalf of such controlling body subject to the conditions agreed

upon in writing and subject to the provisions of the Safety at

Sports and Recreational Events Act, 2010;

(u) may require of any professional participant in combat sports

taking part in a tournament in any place outside the Republic

to—

(i) furnish a controlling body with full details in writing of the

purse money agreed to regarding the said tournament 30

days before the tournament;

(ii) disclose to a controlling body such other information

relating to the participant in combat sport’s participation in

a tournament as a controlling body may determine; and

(iii) seek permission from a controlling body in writing to fight

abroad;

(y) may, subject to the provisions of the Safety at Sports and

Recreational Events Act, 2010, establish such other committees as

a controlling body may deem necessary to assist it in its functions.

(2) A controlling body must, subject to the Promotion of

Administrative Justice Act, give written reasons to any person whose rights

have been adversely affected by any administrative action of a controlling

body, on application by such person, and must offer such a person the

opportunity of a hearing to show cause why such action should not have been

taken.

(3) A controlling body may-

(a) enter into an agreement with any person, body or organisation

or any accredited agency of a controlling body to perform any

function of a controlling body; and

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(b) perform any of its functions in association with any other person,

body or organisation.

(4) Any person, body or organisation with whom a controlling body

enters into an agreement must be independent of the said

controlling body.

Delegation of powers

6.(1) A controlling body may delegate in writing any of its powers to—

(a) any member of a controlling body;

(b) its Chief Executive Officer; or

(c) any committee established by a controlling body.

(2) A controlling body may attach such conditions to a delegation as

it may deem necessary.

(3)(a) A controlling body may amend or revoke a delegation at any

time after duly notifying the concerned parties in writing of its

intention to amend or revoke such a delegation.

(c) The affected party must be given an opportunity to state its

case regarding the intention of a controlling body to amend

or revoke a delegation.

Tournaments to be sanctioned

7. A person may not hold or assist in holding any tournament unless-

(d) a licence to hold such tournament has been sanctioned by a

controlling body; and

(e) such a person has complied fully with the provisions of the

Safety at Sports and Recreational Events Act, 2010.

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Participants in combat sports, officials, trainers, managers and

promoters to be licensed

8. A person may not—

(a) take part in any tournament as a participant or an official in

combat sports;

(b) train any participant in combat sports with a view to his or her

participation in any tournament;

(c) manage the affairs of any participant in combat sports in so far

as they relate to his or her participation in tournaments as a

participant in combat sports; or

(d) negotiate with any participant in combat sports with a view to

procuring his or her services as a participant in combat sports at

a tournament,

unless the person is in possession of a valid license as a participant in combat

sports, official, trainer, manager or promoter, as the case may be, issued to

him or her by the controlling body under section 5(1)(c).

Banning of ultimate fighting

9.(1) No person may participate in or promote a professional or

amateur ultimate fight as referred to in section 1.

(2) A person who participates in or promotes such an ultimate fight

shall be guilty of an offence and, on conviction, be liable to a fine or 5 years

imprisonment or to both such fine and imprisonment.

Notification of Police and hospitals

10.(1) If a tournament has been sanctioned by a controlling body and

scheduled to take place on a specific date, the promoter of such tournament

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must, subject to the provisions of the Safety at Sports and Recreational

Events Act, 2010, provide written proof to a controlling body that the—

(a) police station nearest to the venue of the tournament has been

notified of the date and time of the tournament; and

(b) nearest provincial hospital to the venue of the tournament has

been notified of the date and time of the tournament: Provided

that if there is no provincial hospital within a radius of 10

kilometres from such venue, the nearest private hospital to the

venue shall be notified as contemplated above.

Prohibition of receipt of compensation or benefits

11.(1) No—

(a) member or employee of a controlling body; or

(f) person who administers or enforces combat sports laws

may be employed by, enter into an agreement with or receive any

compensation or benefit from a promoter, participant in combat sports,

manager or any person who sanctions, arranges or promotes combat sports

matches or who otherwise has a financial interest in a participant in combat

sports licensed as such by a controlling body.

(2) Any person contemplated in subsection (1) may be compelled

by a controlling body, in writing, to disclose all compensation and benefits he

or she has received or donated, as the case may be.

(3) For purposes of this section, “compensation” does not include

funds held in trust for payment to another person in connection with a combat

sports match.

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Protection from exploitation

12.(1) Any contract between a participant in combat sports and a

promoter or manager must, amongst others—

(a) specify a minimum number of combat sports matches per year

for a participant in combat sports; and

(b) specify the duration of the contract, including any provision for

extension of that period.

(2) The period of time for which promotional rights to promote a

participant in combat sports may be granted—

(a) under a contract between a participant in combat sports and a

promoter; or

(b) between promoters in respect of a participant in combat sports,

may not exceed 12 months if—

(i) a participant in combat sports is required to grant such

rights; or

(ii) a participant in combat sports’ promoter is required to

grant such rights in respect of a participant in combat

sports,

as a condition precedent to a participant in combat sports’ participation in a

combat sports match against another participant in combat sports who is

under contract to a promoter.

(3) A promoter may not secure exclusive promotional rights from a

participant in combat sports’ opponents as a condition of participating in a

combat sports match against a participant in combat sports, and any contract

to the contrary—

(a) must be regarded to be in restraint of trade and contrary to

public policy; and

(b) is unenforceable.

(4) Nothing in this section must be construed as excluding any

other law concerning interference with contracts.

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Protection of participant in combat sports, managers, trainers,

promoters and officials

13.(1) A person may not—

(a) discriminate against a participant in combat sports, manager,

trainer, promoter or official for exercising any right in terms of

this Act; or

(b) prevent a participant in combat sports, manager, trainer,

promoter or official to exercise any right in terms of this Act or

the Safety at Sports and Recreational Events Act, 2010 .

(2) No person may advantage, or promise to advantage, a

participant in combat sports, manager, trainer, promoter or official, if that

participant in combat sports, manager, trainer, promoter or official in

exchange for such advantage is required to refrain from exercising any right in

terms of this Act, or from participating in any proceedings in terms of this Act.

(3) A provision in any contract, entered into after the

commencement of this Act, that directly contradicts or limits any provision of

this Act or the Safety at Sports and Recreational Events Act, 2010, is invalid.

Misconduct hearings

14.(1) A controlling body may, following a complaint or at its own

initiative, require any licensee to appear before it in connection with any

allegation of misconduct.

(2) For the purposes of this section, misconduct shall mean conduct

detrimental to the interests of combat sports or the public interest and without

prejudice to the generality of the foregoing it shall include:-

(a) any breach of the Act, or its Regulations;

(b) any failure to comply with an order issued by a controlling body;

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(c) any failure to honour any contractual obligation; or

(d) incompetence.

(3) A controlling body shall proceed to determine the matter and if it

determines that a person is guilty of the alleged misconduct it may make such

an order as it may deem fit but a controlling body shall, without prejudice to

the generality of the foregoing, have power to cancel a licence or to suspend

a licence for such period as it may decide and/or impose a fine and/or make

such order as to the validity of a contract as it considers fit and/or award

compensation and/or make an order for costs.

(4) If an order for the cancellation or suspension of a licence is

made in respect of a licensee holding more than one licence, a controlling

body may cancel or suspend any or all of the licenses held by such licensee.

(5) All fines imposed under this or any other section shall be

credited to the funds of a controlling body.

Procedures at misconduct hearings

15.(1) The provisions of this section shall apply, save as herein

otherwise expressly stated, to all hearings under section 14.

(2) A controlling body shall be entitled to appoint a committee to

hear allegations of misconduct under section 14: Provided that any reference

to a controlling body in this section shall accordingly be deemed to include a

reference to such a committee: Provided further that the decision of such

committee shall be deemed to be the decision of a controlling body.

(3) A controlling body shall give at least ten days notice in writing

(deliverable by hand, post, facsimile or e-mail) to all persons concerned to

appear at a hearing under section 14: Provided that a controlling body may

decide under special circumstances that a shorter period of notice shall be

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given, in which case such decision shall be final and binding on all persons

concerned.

(4) The notice contemplated in subsection (3) shall include details of

the alleged misconduct and the date and place of the hearing.

(5) No person shall be entitled to have legal representation at a

hearing under section 14, unless a controlling body, in its sole discretion and

having regard to the complexity of the evidence and the legal issues likely to

be involved, determines otherwise.

(6) Any person who is the subject of any order made in terms of

section 14(3) shall be given written notice thereof by a controlling body.

Appeals

16.(1) An appeal against any administrative decision by a controlling

body, save as otherwise provided in subsection (2), shall:

(a) be lodged with a controlling body within one month from the date

on which the decision was given against which the appeal is

lodged;

(b) be in triplicate, setting out in full the grounds for the appeal;

(c) be accompanied by a non-refundable appeal fee as determined

by a controlling body from time to time.

(2) Decisions taken by any official during a tournament shall not be

subject to appeal.

(3) An appeal referred to in sub-section (1) shall be heard by an

Appeal Board consisting of such persons as a controlling body may appoint

from the members of the Appeal Panel.

(4) All decisions of an Appeal Board shall be final and binding on

the persons concerned.

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(5) An Appeal Board shall determine the place, date and time for

the hearing of any appeal and shall notify all persons concerned accordingly.

(6) An Appeal Board, when hearing an appeal, shall adopt such

procedures as it, in its sole discretion, may determine provided that such

procedures are consistent with the principles of natural justice.

(7) The appellant shall have the right to appear before an Appeal

Board to argue his appeal and may be represented by a practising attorney

and/or practising advocate but should any appellant or member of a

controlling body not appear at the hearing of an appeal, such appeal may be

proceeded with in her/his/its absence.

(8) The appellant and a controlling body (and their respective legal

representatives) shall be bound by and confined to the record of a controlling

body and shall not be entitled to introduce new evidence save with the

permission of the Appeal Board, which may determine such matter in its sole

discretion and on such terms and conditions as it may deem fit.

(9) An Appeal Board may order the appellant and any other person

to appear before it when the appeal is considered but should any appellant or

any other person not appear at an appeal at the time ordered, the appeal may

be proceeded with in his or her absence and the Appeal Board may impose

such penalty as it deems fit for such failure to so appear, including the

cancellation of any licence.

(10) An Appeal Board, on hearing an appeal, shall have the

powers:

(a) to allow the appeal;

(b) to dismiss the appeal;

(c) to substitute any finding or decision as it deems fit or substitute

any punishment as it deems fit, including any increased

punishment;

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(d) to make such order as in its opinion the circumstances may

require including an order to remit the matter to a controlling

body for the hearing of further evidence or an order for the

hearing of a misconduct hearing de novo;

(e) to hear further evidence or receive any documents on such

terms and conditions as it in its discretion may decide;

(f) to substitute an alternative charge for the existing charge with

the consent of the appellant and adjudicate on such alternative

charge: Provided that any punishment imposed shall not be

greater than the punishment previously imposed;

(g) to order the appellant to pay all or a portion of the actual costs

and other expenses reasonably incurred by a controlling body in

connection with an appeal or any postponement thereof, in

addition to any other punishment, if it is of the opinion that such

order is warranted and to determine the amount of such costs

and other expenses;

(h) to interpret the meaning, effect and intent of any of the

regulations; and

(i) to make such rulings as it in its sole discretion shall determine.

Offences and penalties

17. Any person who contravenes any provision of this Act is guilty of an

offence and on conviction liable to a fine or to imprisonment of 5 years or to

both such fine and such imprisonment.

Procedures for resolution of disputes

18.(1) If there is a dispute concerning any matter regulated by or under

this Act, any party to the dispute may, in writing, refer the dispute to a

controlling body.

(2) The party who refers the dispute to a controlling body must

satisfy a controlling body that a copy of the referral has been served on all the

other parties to the dispute.

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(3) A controlling body must attempt to resolve the dispute and must

give its ruling in this regard and may make such order as to costs as it deems

fit.

(4) If the dispute remains unresolved or the parties do not agree

with the finding of a controlling body, any party may refer the matter for

arbitration to the Sports Confederation as contemplated in terms of section 13

of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as

amended)

Regulations

19.(1) The Minister may make regulations with regard to—

(a) the manner and form in which any application under this Act

must be made;

(b) the nature of the particulars to be furnished with any application

under this Act;

(c) the form of any licence, or other document to be used for

purposes of this Act;

(d) the fees payable to a controlling body in respect of the issue or

renewal of any licence, or other similar document, under this

Act;

(e) the powers and duties of officials during tournaments;

(f) requirements for the licensing of any participant in combat

sports;

(g) the rules under which and the manner in which any tournament

must be organised;

(h) the manner in which participants must be attired and, in the case

of a participant in combat sports, the nature, weight and quality

of gloves and bandages to be used, if applicable;

(i) the weighing of participants prior to any tournament, the testing

of the physical and mental fitness and the medical examination

of participants in combat sports prior to and during any

tournament;

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(j) the rating of participant in combat sports and the sanctioning of

fights between participants in combat sports;

(k) the application and transgression of an anti-doping policy;

(l) the institution of disciplinary actions, review procedures and

dispute resolution mechanisms;

(m) the circumstances under which any specified class of persons

are prohibited from attending or taking part in tournaments

generally or any specified kind of tournament;

(n) the submission to a controlling body by the promoter of a

tournament of a statement showing the expenditure incurred in

connection with and the income derived from such tournament;

(o) matters regarding the contracts between participants in combat

sports and managers, and participants in combat sports and

promoters,

and, generally, with regard to any matter that in terms of this Act must be

prescribed or any matter that the Minister considers it necessary or expedient

to prescribe in order to achieve the objects of this Act.

Transitional provisions

20. (1) A controlling body must –

(a) within 12 months after the promulgation of the Act comply with all

provisions of the Act;

(b) subject to section 13C of the National Sport and Recreation

Amendment Act, 1998 (Act No. 110 of 1998), within six months

after the promulgation of the Act –

(i) submit its constitution to the national Department

of Sport and Recreation; and

(ii) register its combat sports with the national

Department of Sport and Recreation.

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Short title

21. The Act is called the South African Combat Sports Act, 2010.


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