SAFETY AT SPORTS AND RECREATIONAL EVENTS ACT NO. 2 OF 2010

1. SAFETY AT SPORTS AND RECREATIONAL EVENTS ACT NO. 2 OF 2010

2. COMMENCEMENT ASSENTED TO ON 24 MAY 2010. COMMENCED ON 2 AUGUST 2010. PROMULGATED BY PROCLAMATION NO. 40 AS PUBLISHED IN GOVERNMENT GAZETTE 33438 OF 3 AUGUST 2010.

3. BACKGROUND 11 April 2001. Chiefs vs Pirates. Ellis Park, Johannesburg. 43 Dead, 158 injured.

4. BACKGROUND

5. BACKGROUND Commission of Enquiry. Judge B M Ngoepe. 14 Reasons for disaster. Several recommendations.

6. PURPOSE TO PROMOTE AND PROTECT THE PHYSICAL WELL-BEING AND SAFETY OF ALL PERSONS ATTENDING EVENTS AS WELL AS THE SAFETY OF THEIR PROPERTY.

7. DEFINITIONS AUTHORISED MEMBER: A police official designated as Chairperson of an event safety and security planning committee and who has overall authority to direct measures relating to safety and security at an event. (Section 15)

8. DEFINITIONS EVENT SAFETY AND SECURITY PLANNING COMMITTEE: The committee responsible for coordinating the functions of the role-players that are involved in the provision of safety and security at an event, the planning for the event, the assignment of tasks, the demarcation of areas and zones and to advise the National Commissioner on the categorisation of an event. (Section 15)

9. DEFINITIONS EVENT: Any sporting, entertainment, recreational, religious, cultural, exhibitional, organisational or similar activities hosted at a stadium, venue or along a route or within their respective precincts.

10. DEFINITIONS STADIUM: An enclosed or semi-enclosed structure which consists of seating for spectators and a field of play or a permanent or temporary podium or other area within the structure reserved for the purposes of hosting events, which have a safe seated or standing spectator capacity of at least 2 000 people.

11. DEFINITIONS VENUE: Any area or place, other than a stadium, that has a seating or standing capacity of at least 2 000 persons, within which other structures may be erected and which may be demarcated by an enclosed or semi-enclosed permanent or temporary structure.

12. DEFINITIONS ROUTE: The way or course taken in getting from a starting point to a destination during an event that takes the form of a race or procession.

13. DEFINITIONS EVENT ORGANISER: Any person who plans, is in charge of, manages, supervises or holds an event or sponsorship rights to an event or in any manner controls or has a material interest in the hosting of an event.

14. DEFINITIONS EMERGENCY SERVICES: All public and private sector medical services, including emergency medical and health services, the fire department, the disaster management department and local authority traffic or by-law enforcement department.

15. DEFINITIONS ESSENTIAL SERVICES: A department of state or other administrative unit, such as a disaster management centre and those departments responsible for electrical, water, sewerage and waste removal utilities in the administration of a local authority.

16. DEFINITIONS SAFETY OFFICER: A person appointed by the organiser to assist with the planning and oversight of safety and security measures at an event.

17. DEFINITIONS VOC: A venue operations centre where the entire safety and security operation in respect of an event at a stadium, venue or along a route is coordinated.

18. DEFINITIONS VOC COMMANDER: The authorised member of the South African Police Service who is in charge of the VOC or police official designated to be in charge of the VOC.

19. DEFINITIONS MINISTER: The Minister responsible for sport and recreation in the Republic.

20. APPLICATION OF ACT This act does not apply to gatherings as defined in the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993).

21. PROHIBITION No person may organise an event unless that person: • Has provided the National Commissioner with an event schedule; AND • Has taken out public liability insurance from a registered or authorised person in terms of applicable insurance legislation.

22. EXEMPTIONS The Minister may on application: • Exempt any area or any event or any class or category of such events by notice in the Government Gazette from the operation of any or all provisions of this act; or • Exempt a person from compliance with any or all provisions of the act by notice in writing addressed to such person.

23. RISK CATEGORISATION OF EVENTS An event organiser must, at least six months before the start of a calendar year or before the start of a season, submit an annual schedule of events to the National Commissioner. Sufficient particulars and any prescribed information must be contained in the schedule of events.

24. RISK CATEGORISATION OF EVENTS Provision is made for events that were unforeseen at the time when the schedule of events was submitted. Upon initiating plans for the unforeseen event, the organiser must submit an event schedule to the National Commissioner.

25. RISK CATEGORISATION OF EVENTS If sufficient particulars and information are supplied, the National Commissioner is obliged to make a risk categorisation for each event contained in the schedule. There are a host of prescribed factors to be taken into account and the National commissioner may consult with any person.

26. RISK CATEGORISATION OF EVENTS Each event contained in the schedule of events must be categorised as being either a low-risk, medium-risk or high-risk event. The organiser and local authority in whose jurisdiction the event will take place, must be informed in writing of the category assigned to all events by the National Commissioner.

27. SAFETY CERTIFICATES Local authority issues safety certificates for: • Existing stadiums or venues; • The design of a new stadium or venue; and • Alterations of or extensions to a stadium or venue.

28. SAFETY CERTIFICATES A safety certificate must be accompanied by a grading certificate issued by the local authority. A grading certificate must state: • The determined safe spectator capacity; and • The level of risk of the event that may be hosted at a stadium or venue.

29. SAFETY CERTIFICATES A local authority may only issue a grading certificate for a high risk event after consultation with the authorised member.

30. SAFETY CERTIFICATES In the case of a high-risk event the National Commissioner issues the high-risk event safety certificate. The organiser must apply for such a certificate at least 60 days before the event.

31. RESPONSIBILITY : ORGANISER Put in place such measures as may be prescribed to ensure the physical safety and security of persons and their property at an event. Must cooperate with and assist the event safety and security planning committee and the VOC commander in the performance of their functions.

32. RESPONSIBILITY : ORGANISER Appoint sufficient persons to be responsible for safety and security at an event, including a safety officer, security officers and such other persons as may be prescribed.

33. RESPONSIBILITY : ORGANISER Appoint stewards responsible for: • The marshalling and overseeing of the safe general flow of spectators; • Provision of event information to spectators; • Provision of ushering services; and • Provision of assistance with emergency evacuation procedures to spectators.

34. RESPONSIBILITY : ORGANISER May appoint volunteers to provide any function or service in support of an event. Stewards and volunteers are not allowed to provide security services, unless they are registered as security officers.

35. RESPONSIBILITY : ORGANISER In the event of a low-risk event, the organiser must be at least 21 years old. In the case of a medium-risk or high-risk event, the organiser must be at least 21 years old AND have the necessary capacity, resources and event-related experience to organise the event.

36. RESPONSIBILITY : ORGANISER In case of a low-risk event, the organiser must ensure that: • A safety officer is appointed; • A written safety plan is prepared; • Measures are put in place to give effect to the safety plan; and • Ensure that the local police station is informed of the event details prior to the event.

37. RESPONSIBILITY : ORGANISER The written safety plan must provide the following detail of the event:- • Safety measures; • Security measures; • Crowd management measures; • Motor vehicle parking arrangements; and • Emergency medical measures.

38. RESPONSIBILITY : NATIONAL COMMISSIONER The National Commissioner: • May direct an organiser to implement such additional measures as may be necessary; • Must establish an event safety and security planning committee for each medium-risk or high-risk event; • Must appoint a VOC commander; • May prohibit the sale of event tickets at the stadium or venue on the day of the event;

39. RESPONSIBILITY : NATIONAL COMMISSIONER • May stipulate conditions to be included in a high-risk event safety certificate; • May amend or replace a safety certificate; • May prohibit or restrict the admission of a person or a group of persons by issuing a prohibition notice; and • May issue a spectator exclusion notice with regard to an undesirable spectator.

40. AUTHORISED MEMBER The National Commissioner must designate a police official with at least the rank of Captain as authorised member. The designation must be in writing and can be either in general or for a specific event. The official must be suitably qualified and experienced in event policing matters.

41. AUTHORISED MEMBER It is the responsibility of the authorised member to establish the event safety and security planning committee for each medium-risk and high-risk event.

42. AUTHORISED MEMBER The authorised member: • Is the Chairperson of the event SASPC; • Appoints the members of the event SASPC; • Manages and coordinates the powers and duties of the event SASPC; and • Has overall authority to direct measures relating to safety and security at the event.

43. EVENT SAFETY AND SECURITY PLANNING COMMITTEE The committee consists of: • Persons designated and authorised by the following role players:- • The National Commissioner or an authorised member; • A local authority disaster management department; • A controlling body (high-risk only); • A stadium or venue owner;

44. EVENT SAFETY AND SECURITY PLANNING COMMITTEE • The event organiser; • An emergency service provider; • A health and medical service provider acting in terms of the National Health Act; • A security service of the State; and • A provincial health department.

45. EVENT SAFETY AND SECURITY PLANNING COMMITTEE • A representative of:- • A security service provider; • A person that an authorised member considers necessary; and • Volunteers (where applicable)

46. EVENT SAFETY AND SECURITY PLANNING COMMITTEE The existence of an event safety and security planning committee does not limit the accountability and liability of an organiser to ensure safety and security, including the deployment of adequate personnel for security, safety, health and sanitation purposes.

47. EVENT SAFETY AND SECURITY PLANNING COMMITTEE Duties of committee: • Consider the categorisation of the event; • Prepare the event-specific safety and security plan providing for the coordination of all involved in the provisioning of safety and security at the event: • Assigns specific tasks to specific persons;

48. EVENT SAFETY AND SECURITY PLANNING COMMITTEE • Determine specific event prescribed measures relating to a host of factors; • Demarcate restricted areas at the event; • Demarcate a zone as exclusive zone with regard to commercial activities; and • Advise the event organiser on protection and safeguarding issues.

49. EVENT SAFETY AND SECURITY PLANNING COMMITTEE In the case of a high-risk event, the event-specific safety and security plan must be submitted to the National Commissioner for written approval at least 60 days before the event.

50. EVENT SAFETY AND SECURITY PLANNING COMMITTEE In the case of a medium-risk or high-risk event, the committee must submit the details of a security service provider or security officers employed to the Private Security Industry Regulatory Authority in order to ensure compliance with applicable legislation.