Stofile wants more control

Brenden Nel - Sondag

Johannesburg - South Africa's most popular sports are on a warpath with the Department of Sport and Recreation over new laws that were sent out in December when leadership of most sporting bodies were on annual leave.

Minister Makhenkesi Stofile and his department are now being accused by sports leaders of wanting to add provisions to the Sports Act that will give them "unbelievable control" over the major sporting codes in the country.

Two of the biggest sporting codes - Rugby and Cricket - have asked for an urgent meeting with the Department and the issue could even go to court as sporting bodies prepare to defend themselves against the act. The controversial regulations were discussed on Wednesday in SA Rugby's presidents council meeting.

SA Rugby have now requested urgent meetings with Cricket South Africa and the South African Football Association with a view to to stand together to ensure the legislation does not pass.

The controversial regulations handle the issueing of national colours and regulations on overseas players playing in teams in South Africa. According to several prominent sporting figures, the legislation is "draconian" and not implementable.

According to the legislation, sporting bodies have to pay "an amount which is determined from time to time by the Minister" for any foreign team or player that is recruited or which takes part in any sporting competition in the country.

This means that any sporting team that plays a game in South Africa will cost the federation more money which will deposited into an account "for development" and which will be administered by the Department of Sport and Recreation.

Another clause determines that players of foreign origin who want to play for a national team need to be "in possession of a SA Passport" and cannot just depend on the three-year qualification rule that most sporting bodies employ.

This is in direct opposition to the International Rugby and Cricket Boards' regulations and will mean that Springboks Tendai "Beast" Mtawarira, Brian Mujati and Tonderai Chavhanga will not be allowed to represent the Springboks again. It will also mean that the hopes of the Titan's Pakistani-born spinner Imran Tahir to represent the Proteas will be dashed.

If the law is passed, it would also make it impossible for Bafana Bafana coach Joel Santana to coach the team. The clause reads that any foreign coach needs to "have coached a national team for at least five years" before he can coach a South African national team.

Transgressing the law in this regard would mean a fine or even a jail term of up to 10 years.

SA Rugby president Oregan Hoskins admits he is worried about the legislation.

"We want a lot more information and we want to engage the minister about the legislation" said Hoskins.

Cricket South Africa's Chief executive Gerald Majola said he believes the time to study the legislation is too short, and said the board of CSA would first have to discuss the documents before issueing a response.

Safa CEO Raymond Hack was unaware of the legislation.

What the proposed legislation entails regarding foreign players:

• Any person or federation who recruits a foreign player or team will need to pay a fee - as determined by the minister - into a development fund which will be administered by the Department of sport
• Any Sporting Federation needs to prove before they contract a foreign player that there is no other person in the Republic who could do the sport.
• If there is such a person, preference will be given to South Africans.
• Any foreign player will need to pay a deposit - as determined by the Minister - to the department of home affairs.

Foreign coaches:

• Coaches need to have an international qualification or equivalent or they need to have coached professionally for at least three of the last five years
• They also need to have coached a national team for at least five years to be eligible National Colours

Selection, colours, qualification and ministerial approval:

• No selection process is valid unless national trials have been held where each athlete who qualifies is given a chance
• Management cannot receive national colours, with the exception of coaches. Motivation needs to be given for assistant coaches.
• Only South African passport holders can receive national colours
• Teams need to be chosen at least 30 days before any international competition and need to be sent to the Minister for approval
• The Minister has the sole right to award national colours and to take them away or refuse them.