South African Boxing Act, 2001

3 Words i n hold t y c in square brxkets indicate omissions from existing enactments. Words underlined existing enactments. with a solid line indicate insertions in (English text signed by the Acting President. j (ilsset~ted to 14 Augusit 2001.) ACT To provide for a new structure for professional boxing in the Republic; to ensure the effective and efficient administration of professional boxing in the Republic; to recognise amateur boxing; to create synergy between professional and amateur boxing; to establish interaction between associations of boxers, managers, promoters, trainers officials and Boxing SA; and to provide for matters connected therewith. a Boxing Commission known as Boxing SA; to promote and B E IT ENACTED fo1iows:- 1. Definitions by the Parliament of the Republic of South Africa, as ARRANGEMENT OF ACT 3. 2 . r ) Objects of Act Interpreration of Act CHAPTER 1 CHAPTER 2 4. _I 5 . 6 . 7 . 8. 9. 10. 1 1 . 12. 13. 14. SA 15. 1 6 . 17. 18. 19. 30. Establishment of Boxln? SA Independence of Boxing SA Area of jurisdiction and office of Boxing SA Powers of Boxing SA Du!ies of Boxing SA Composition of Boxing SA Tenure of office. vacancies and remuneration Meetings and quorum Chief Executive Officer of Boxing SA Perfomlance a= creement Staff of Boxing SA Finances of Boxing Contractual capacity of Boxing SA Delegation of pou,ers Tournaments to be authorised Boxers, officials. trainers. managers and promoters to be registered Prohibition of holding of or taking part in certain tournaments of nicmhers of Boxing SA 5 10 15 20 7,s 71. 22. 23. 24. 25. 26. 27. Tournaments ma) be stopped or forbidden Prohibition of receipt of compensation or benefits Firewall between promoters and managers Protection from exploitation Promotional mandatory under rights Employment as condition of promoting Offences and penalties 5 contracts bout CHAPTER 3 28. 29. 30. 31. 32. 33. 34. 35. 36. officials’ right to freedom of Boxers‘, managers’, trainers’, promoters’ and association Protection of boxers, managers, trainers, prumoters and officials Accreditation of legal firm, medical doctcr or auditor Procedures for resolution of disputes Burden of proof Application of Act Pegulations Repeal and amendment of provisions of Act 39 of 1954, saving and transitional provisions Short title 10 15 Schedule Definitions

1. In this Act, unless the context indicates otherwise- (i) “boxer” means any person to whom a certificate been issued in terms of section 7( l)(c); 20 of registration as such has (ii) “Boxing SA“ means the Boxing Commission contemplated (iii) “manager” means any person to whom a certificate of registration as such has in section 4; 25 been issued in terms of section 7(l)(c); (iv) “Minister” means the Minister (v) “official” means any referee, judge, of Sport and Recreation; timekeeper. assistant timekeeper, announcer, second or ringmaster to whom a certificate of registration as such 30 has been issued in terms of section 7( l)(cj; (vi) “prescribed” means prescribed (vii) “promoter“ means by regulation made under section 34; any person to whorn a certificate of registration as a promoter has been issued in terms of secrion 7( l)(cj; (viii) “tournament“ means any function to which the public have access, whether 35 on payment of a charge for admission licensed professional boxers engage in boxing for gain, whether competition. exhibition or otherwise: and or not. and at which two or more by way of (ix) “trainer” means any person to whom a certificate of registration as such has issued in terms of section 7( l)(c). heen 40 CHAPTER 1 Objects of Act

2. The objects of this Act are to- ( a ) give effect to the provisions of the Constitution; (hj regulate. control and exercise general supervision over professional boxing at 45 tournaments i n the Republic; ( c ) protect and regulate the interests and organisadonal rights of boxers, trainers, managers. promoters, officials and other stakeholders involved in professional boxing matters; ( d ) promote- (i) orderly collective action: (ii) boxing in the Republic: and 50 the effective resolution of boxing disputes: iiii) eliminate undesirable practices and to maintain the highest level of efficiency i n boxing: prm'ide a framework within which boxers, boxing managers. promoters and all other stake.holders in professional boxing must- (i) collectively determine terms and conditions of their boxing relationship officials, trainers. S and other matters of mutual or other interest: and IS ts3 promote professional and amateur ( i i ) formulate a professional boxing policy; give effect to all the rights and obligations incurred in terms of this Act. and also those rights and obligations of a boxer as a member of an international 10 professional boxing body or organisation; of stakeholders in professional provide for the registration and licensing boxing and to ensure proper control an,d democratic practices in the process: provide for the resolution of boxing disputes through arbitration, appeal and that independent alternative dispute resolution services accredited for purpose: pro\.ide for marketing mechanisms boxing in general: provide for the establishment of an infrastructure to acquire boxing facilities for provide for a working relationship between professional and amateur boxing structures; provide for the establishment of a joinl. committee consisting of professional and amateur boxing officials to consider an application from an amateur boxer who is in the national team of the South African National Amateur Boxing 25 Organisation or from any person who wants to become a professional boxer; recognise that boxing in the Republic consists an amateur boxing wing: recognise that amateur boxing is governed by its own constitution: provide for matters of mutual interest boxing; consider the recognition of all international boxing bodies or organisations and their boxing champions: provide for the participation and involvement of women in boxing; and provide to both professional and amateur of a professional and 30 35 20 boxmg: amateur and professional both matters. incidental for Interpretation of Act

3. This Act must be interpreted- ( a ) to give effect to its objects: ( b ) in compliance with the rules and regulations of international boxing bodies or organisatlons governing amateur and professional CC) to apply to both male and and boxing: female boxing. Establishment of Boxing SA CHAPTER 2

4. A Boxing Commission which is a juristic person known as Boxing SA is established. Independence of Roxing SA

5. Subject to this Act. Boxing SA is an independent body Area of jurisdiction and office of Boxing S.4 6. ( I ) Subject to the ConstituUon, Boxing SA has jurisdiction in all the provinces of the Republic. (2'1 Boxing SA. i n consultation with the Minister. must determine the location of the head ofice for Eoxing SA. 40 4s 50 .4rt No. 11. 2001 SOYTI-I AFRIC.45 BOZIhG .4CT. 7001 Powers OS Boxing SA For purposes of attaining its objects. Boxing SA- of its functions but State-funded immovable may acquire. alienate or hire such property as it may consider necessary for the effective performance property may not be alienated without the prior approval of the Minister: with the approval of the Minister, may invest or otherwise deal with such funds of Boxing SA as may not immediately be required for the purpose meeting its financial obligations responsible and accountable for; may issue certificates of registration to any person who is not a member of Boxing SA as a boxer, official, trainer, manager or promoter and, in each case. must specify in the certificate the period of validity of such certificate; may register a person referred to in paragraph ( c ) as a- (i) boxer or official. to take part in tournaments in the capacity in which he of which investments Boxing SA of is fully or she has been so registered: (ii) trainer, to train any boxer with tournaments as a boxer; a view to his or her participation in 5 10 15 (iii) manager. to manage the affairs of any boxer subject to the provisions of this Act in so far as they relate to his or her participation in tournaments as a boxer; 20 (ivj promoter, to negotiate, subject to the provisions of this Act, with any to procuring his or her services as a boxer at a boxer with a view tournament; in the case where the licensee requires a different licence, may require him or her to relinquish the current licence; may test the ability of any person applying for a certificate of registration as a boxer, trainer or official under paragraph (e) as it deems fit: may require any person applying for a (Certificate of registration as- (i) a trainer; (iij a promoter; or (iii) a manager, to furnish Boxing SA with such information as it may deem necessary; may suspend, cancel or renew any certificate issued under paragraph (c); may issue, subject to such conditions as it may deem fit. licences authorising the holding of tournaments; may require any applicant for a licence under paragraph (i) (i) to furnish it with- 25 30 35 in the tournament, issued all agreements entered into between the promoter of the tournament and the boxers and officials who will participate therein not later than 30 days prior to the date of the tournament; a certificate of physical and mental fitness, in respect of the boxers who will participate medical practitioner, whether practising in the Republic or elsewhere. as to the date of the tournament; i t may approve, not later than 30 days prior and full particulars of all arrangements made for the holding tournament not later than 30 days prior to the date of the tournament; to and of the a specimen of every proposed advertisement relacing proposed plogramme of the tournament and such further information as to enable it to amve at a proper decision on the application not later than 30 days prior to the date of :he tournament; in such form and by such of the 45 40 50 (ii) (iiij (ivj if an agreement between a promoter and a boxer provides for the payment of a fixed amount ai any to a boxer as remuneration for his or her service proposed tournament. may- (ij require the promoter to deposit that amount with it on or before any specified date prior to the date of the tournament; and 55 (ii) disburse the said amount. subjecl; to the provisions of paragraph (nz), according to the terms of the agreement after the tournament has been held: at any time prior from partlcipating in the tournament if-- ( i ) after such examination or test for physical and mental fitness as t o the holdjng of an!' tou~:ament. may prohibit any boxer it may 5 10 to take part official or sufficient cause: or deeni fit. it ix satisfied that the boxer should not be allowed to participate: or the boxer refuses to submit himself 01- herself to an examination or test: (ii) !nay, if any boxer taking part in any tournament is disqualified by the referee for- (i) not boxing to the best of his or her ability: iii) retiring from the tournament without iiii) com~nitting a deliberate foul as prescribed, declare the whole or any portion of the amount payable to such boxer for his or her services in the tournament to be withheld pending further investigation and a hearing before a panel designated by Boxing SA; may provide for a grading system to enable amateur boxers who are 18 years 15 old or older to become professional boxers: may enforce any refusal. suspension or cancellation of the registration of any boxer, oficial or promoter; may issue a certificate of introduction to any registered boxer, to any place outside the Republic promoter proceeding tournaments, in which case a full professional record of the boxer compiled by Boxing SA and a medical certificate showing the current medical status of the boxer must be attached to the said certificate: may set out concerning the boxer. official or promoter as Boxing SA deems necessary; 25 may procure the services of any boxer ordinarily resident outside the Republic to participate at tournaments in the Republic. subject to compliance with the Aliens Control Act, producing to Boxing SA on arrival in the Republic, a letter of authorisation from the controlling body by which he or she is licensed along with the full 30 current medical status and professional boxing record of that boxer: may establish an investment fund as well as an insurance and medical scheme to be used for such purposes as may be prescribed by regulation under this Act; ]nay take any steps which Boxing SA considers necessary or expedient for the 35 due and proper regulation or control of. or to enable it to exercise due and proper supervision over, boxing at tournaments; at the request of an international boxing concrol body which Boxing SA recognises. may exercise or perform in any place outside the Republic any power or function that Boxing SA is capable of exercising or performing by 40 virtue of this Act: may require of any professional boxer taking part in a tournament in any place outside th2 Republic t u - (i) furnish Boxing S.4 with full details in writing of the purse money agreed in a certificate referred to in paragraph ( p ) such particulars 1991 (Act No. 96 of 1991). and to the said boxer in 20 to regarding the said tournament 30 days before the tournament: 45 (ii) disclose to Boxing SA such other information relating to the boxer's participation in a tournament as Boxing SA may determine: and seek permission from Boxing SA i n writing to fight abroad: (iii J Or.) may organlse the conducting training of all persons involved of specialised programmes regarding the in the sanctioning of tournaments; (x-) may establish a development fund to develop both amateur and professional boxing; and may estat~lish- 0 . l ii) a boxer's ratings committee consisting of no fewer than three indepen- by Boxing SA: dent appointed members (iil an event sanctioning committee consisting of no fewer than four SO 5S members appointed by Boxing SA: and iiii) such other committees as Boxing SA ma)' deem necessary. ( 2 ) Boxing SA must gi\;e written reasons to any person whose rights have been ndversely affected b!, an) administrative action cf Boxing SA. on application by s x h 60 person. and must offer such a person the opportunity such action should nor have been taken. o f a hearing to show cause u.h! Duties of' Boxing SA S. For purposes of attaining its objects. Boxing SA must- ( a ) compile and publish information statistics and an annual report on its 5 acti\ities: (bj assist in the establishment of an contemplated in section 28: association or federation of associations ( c ) (i) hold meetings at least four times a year; and (ii) hold meetings at its request or a t the request of the associations or 10 federation of such associations contemplated in terms of section 28 to discuss boxing matters; and (d) consider applications for recognition of international boxing bodies or organisations and their boxing champions. Composition of Boxing SA 15 9. (1 ) Boxing SA consists of no fewer than four and no more than seven members, of which one member must be appointed as Chairperson and the other members appointed based. among other things. on their expertise and knowledge of women's and amateur boxing, media and marketing related matters and development and transformation. of Boxing SA on a part-time basis ( 2 ) The Minister must appoint the members 20 after consultation with the associations or federation of associations contemplated in section 28. (3) A person who has been registered by Boxing SA as a boxer. official, trainer, manager or promoter may not be a member of Boxing SA unless such person in writing SA. Boxing relinquishes to his licence or her 25 Tenure of office, vacancies and remuneration of members of Boxing SA 10. (1 ) The members of Boxing SA hold office for three years. ( 2 j Subject to subsection (3). the Minister may remove any member of Boxing SA from office if- becomes member 30 interest in boxing unless he or she has or indirectly or through his or her spouse, partner or the member. directly business associate, has any financial disclosed such interests before being appointed as a member and has received the Minister's approval in writing to continue to hold such interests; the estate of the member is sequestrated; the the member is convicted of an offence and sentenced to imprisonment without the option of a fine: the member has absented himself or herself from two consecutive meetings of Boxing SA without its leave: or the member does not perform the functions entrusted this Act satisfactorily. mind: of unsound to him or her by or under 40 35 subsection under removed member (2). 45 (3) ( a ) If the h4inister removes a member from office as contemplated in subsection ( 2 ) . the Minister may appoint another member. ibj Such member must serve for the unexpired period of the term of office of the (4) Whenever the office of any member of Boxing S.4 for any reason becomes vacant before the expiration of the period for which member must be appointed to fill the vacancy until the expiration of the period for which the \,acating member was appointed. he or she has been appointed, another (5) A member whose term of office has expired is eligible for reappointment by the 50 Minister. (6) The members of Boxing SA may out of the funds of Boxing SA be paid such- ( 0 ) annual honoraria in respect of their services: and l h ) allov,mces to cover expenses reasonabl!. incurred by them in respect of their attendance of the meetings of Boxing S.4 or while otherwise engaged in the 55 business of Boxing SA, as the Minister ma). determine i n consultation with the X'linister of Finance. Rleetings and quorum 11. ( 1 ) Subject to subsection ( 2 ) and section 8(c) all meetings of Boxing S.4 must be held at such times and places as Boxing SA may determine. (2) The Chairperson of Boxing SA may at any time. and must at the request of the majorit), of members of Boxing SA. call a special meeting of Boxing SA to be held at such time and place as he or she may direct. (3) In the absence of the Chairperson from any meeting of Boxing SA. the members to preside at that present at that meeting must from their number elect a member particular meeting. 5 (4) The quorum for any meeting of Boxing SA must be fifty per cent of the total 10 members of the Commission plus one. ( 5 ) All decisions at any meeting of Boxing SA are by resolution of the majority of the members present at the meeting. and in the event of an equality of votes on any matter. or her the person presiding deliberative at the meeting has in addition to his a casting vote vote. 15 (6) The proceedings of Boxing SA are not invalid only by reason of the fact that a vacancy exists on Boxing SA. (7) Boxing SA may hold meetings with associations or a federation of associations contemplated in section 28 at such places and times as Boxing SA. in conjunction with the particular association or federation of associations, may find suitable. but must hold 20 a meeting with such associations or federation and associations at least once per year. (8) The quorum for any meeting contemplated in subsection (7) must be fifty per cent of the of the total members of Boxing SA and fifty per cent of the total members associations attending the meeting or federation of associations, as the case may be; plus one. 25 (9) Boxing SA may make decisions on boxing matters by a resolution of the majority of the members attending a joint meeting referred to in subsection (7). Chief Executive Officer of Boxing SA 12. (1) Boxing SA must, in consultation with the Minister and the Minister of Finance. appoint as a Chief Executive Officer ( a ) is skilled and experienced ( b ) has not been convicted of any offence involving dishonesty: and (c) has sufficient management experience. of Boxing SA a person who- in sport: ( 2 ) The Chief Executive Officer must- ( a ) perform all the functions that are- ( i ) conferred on him or her in terms of this Act; and (iij delegated to him or her by Boxing SA: ih) manage and direct the activities of Boxing SA; I C ) supervise the staff of Boxing SA: ((1) handle international boxing matters in consultation with the Chairperson of Boxing SA: and ( e ) ensure that there is development, marketing and transformation of boxing in the Republic. 30 35 40 ( 3 ) Boxing SA must. Lvith the approval of the Minister and the Minister of Finance. d e t e n i n e the ChieiExecutive Officer's conditions of service: remuneration. alloa~ances 45 and any other matters related thereto. (4j The Chief Executi1.e Officer- !a) subject t o the Public Finance Management Act, 1999 (Act No. 1 of 1999), is from charged with the responsibility M.hatever source or paid out b), or on account of accounting for money received of Boxing SA: 50 (0) must cause the necessary accounting and other related records to be kept: and to time by Boxing (c) must perfonn the duties assigned to him or her from time S,4 and is. i n respect thereof. accountable to Boxing SA. Performance agreement

13. The Chief l$xecuti\.e Oflicer contemplaled in section 12. must enter into a 55 performance agreement M.ith the Minister and Boxing SA. respectively. Staff of Boxing SA 14. ( I ) The Chief ExecutiIe Officer may appoint staff of Boxing SA after consulting with Boxing SA. ( 2 ) Boxing SA must. with the approbal of the Minister and the Minister of Finance. determine the remuneration and any other staff members in consultation with the Minister. but such ternx and conditions must be in line with those of official5 in the public service. terms, and conditions of senpice of 5 Finances of Boxing SA 15. ( 1 ) The funds of Boxing SA consist of- by Parliament; appropriated 10 (a) money ( 0 ) fees payable to Boxing SA in terms of this Act: (c) grants, donations and bequests made (d) income earned on the surplus money deposited or invested by Boxing SA; and ( e ) money generated from sponsorships and fundraising. to ]Boxing SA; (2) The financial year of Boxing SA begins on 1 April of each year and ends on 31 15 hlarch of the following year, except commencement date of this Act and ends on 3 1 March following immediately thereafter. for the first financial year which begins on the (3) The Chief Executive Officer must as soon as possible but not later than tabling for months after the end Minister of the financial year submit audited financial statements in Parliament. (4) (a) The Chief Executive Off?cer must keep proper records of all- five to the 20 (i) money received or expended (ii) its assets and liabilities; and (iii) financial transactions entered into by it; by it. (0) The Chief Executive Officer must, as soon as possible but not later than two 25 months after the end of each financial year. prepare statements of account and a balance sheet showing, with all appropriate particulars. the moneys received and the expenditure incurred by it during, and its assets and liabilities as at the end of, that financial year. trust in held and ( 5 ) The financial statements referred to in subsection (4) must include funds received by Boxing SA or expenditure 30 thereof. ( 6 ) The financial statements contemplated in subsection (5) must be audited by the Auditor-General. Contractual capacity of Boxing SA 16. ( 1 ) Boxing SA may- (a) enter into an agreement with any person. body or organisation or any 3.5 accredited agency of Boxing SA as contemplated in section 30. to perform any SA may function OS Boxing SA on such terms and conditions as Boxing determine subject to obtaining the approval of the Minister if the agreement exceeds an amount as determined by him or her from time to time; and ( b ) perform any of its functions in associaiion with any other person. body or 40 organisation. (2) ,4ny person. body or organisation M.ith m;hom Boring SA enters into an agreement must be independent of Boxing S.4. Delegation of powers 17. ( 1 ) Boxing SA ma)', subject to the provisions of subsection (21, delegate in wrhing 45 any of its powers to-- ( a ) any member of Boxing SA: ( b ) the Chief Executive Officer; or ( c ) an! committee established by Boxing S24. ( 3 ) Boxing SA may no! delegate the power to-- ( a ) appoint the Chief Executi1.e Oflicer; (11) deposit or :nvest surplus money \s.ith financial institutions: 50 ( c j accredit I c y 1 fir-lnc, 01- auditors pL\ N ell a < to amend. withdraw or renev' their accreditation: ( d i entej- intcl a r agreement \\,ith an accredited legal firm or accredited auditor under section 16: ( e ) appoint medical practitioners: or (,Ti issue licences. 5 ( 3 ) Boking S,4 ma! attach such condition5 to a delegation as it may deem necessury. 13) (cii Boxing SA may amend or re\-oke a delegation at any time after duly notifying the concerned parties in writing of its intention t o amend or revoke such a delegation. (0) The affected pany must be @ \ e n an opponunity to state its case regarding the 10 intention of Boxing SA to amend or revoke a delegation. (5) A power delegated to the Chief Executive Officer may be exercised by any staff member of Boxing SA if authorised bq the Chief Ixecutiv-e Officer in writing. unless the t s r ~ n s of the delega1ion to the Chief Executive Officer prohibits him or her from doing SO. 1s Tournaments to be authorised

18. A person may not hold or assist in holding any tournament unless a licence to hold such tournament has been issued to him or her by Boxing SA. Boxers, officials. trainers, managers and promoters to be registered may

19. A person not- 20 ( a ) take part i n any tournament as a boxer or official; ( 1 7 ) (c) manage the affairs of any boxer in train any boxer with a \:iew to his or her participation in any tournament: so far as they relate to his or her participation in tournaments as a boxer: or ( d l negotiate with any boxer with a view to procuring his boxer at a tournament, or her services as a 25 unless the person is in possession of a valid certificate of registration as a boxer. official. trainer, manager or promoter. as the case may be, issued to him or her by Boxing SA under section 7(1)(cj. Prohibition of' holding of or taking part in certain tournaments 30

20. A person may not hold or take part in a tournament. or in any way assist in the holding of such tournament. i n which any person who is not registered in terms of this Act takes part. Tournaments ma?; be stopped or forbidden 21. ( 1 ) If a tournament has heen authorised by Eloxing SA and scheduled to take place 35 on a specific date. the pr-omoter of such tournament must- (a) notif!, a member of the South African Police Service of the rank of captain or higher at the police station nearest to the venue of the tournament of the date and time of the toumament: and (11) bring to the attention of such a member of the South African Police Ser\,ice 40 an! pos~ible grounds for disruption at thG said tournamevt. ( 2 ) The Kational Commisioner or any provincial commissione1- of the South African Police Ser\.ice o r an)' member of such Serl-ice to whom the National Commissioner or a pro\gincial commi~sioner has delesated his or her powers. or any magistrate. addi~ional n:qistrate 01- assistan: mqistrate who is of the opinion that a tournament beins held or 45 about to be held should ii; :he public interest be stopped or forbidden. must convey or cause t o be ccn\,eyed to the person holding or prOposipg to hold such tournament or to thr participantc ;I notice. \<hether ~ e r b a l or in writing. stoppins or forbidding such contest o r exhibition. (3) \lkmr\,er an)' n~ember of the South African Police Senice of the rank of captain 50 C J ~ highel- is of the opinion that the continuance of a R y tournament is likely to result i n the 2\ I . \ , I :2:’7(> C;!i\’EKTMEVT GAZETTE 17 AL’GCST 3 K l i .Act 30. 11. ’001 SO:’TH ; ~ F R I C . ~ Y BOXX Acr. 2001 ~~ life of any participant or any person attending the tournament being endangered or in :I breach of peace, he or she ma; order the participants or any person holding or assisting i n the holding of the contest or exhibition. to stop 1.he contest or exhibition and may order all persons present thereat to depart. (4) .4ny member of the South African Police !Service on duty at a particular boxing in which a tournament is being held or is after tournament must haye access to any place about to be held. consultation with the member of Boxing SA who is in charge of that tournament. in terms of this section must be taken b u t any action taken Prohibition of receipt of compensation or benefits 22. ( 1 ) N o _ ( a ) member or employee of Boxing SA; (b) person who administers or enforces boxing laws; (c) member of an association or federation of associations contemplated or in section 28, may be employed by. enter into an agreement with benefit from a promoter. boxer. manager promotes professional boxing matches boxer registered as such by Boxing SA. or an:y person who sanctions, arranges or who otherwise has a financial interest or receive any compensation or or in a 5 10 15 (2) Any person contemplated in subsection (1) may be compelled by Boxing SA. in writing, to disclose all compensation and benefits he or she has received or donated, as the case may be. 20 (3) For purposes of this section, “compensation” does not include funds held in trust for payment to another person in connection with a professional boxing match. Firewall between promoters and managers

23. It is unlawful for- ( a ) a boxer‘s promoter to have a direct or indirect material or financial interest in that boxer’s manager or management company; or (0) a licensed manager or management company- (i) to have a direct or indirect financial interest in the promotion of a boxer: or (ii) to be employed by or receive compensation or other benefits promoter except for amounts received as consideration under manager’s contract with a boxer. from a a 25 30 Protection from exploitation 24. (1) Any contract between a boxer and a promoter or manager must, amongst 35 others- la) specify a minimum number of professional boxing matches per year for a boxer; and rb) specify the dxation of the contract, including any provision for extension of that period. (2) The period of time for Ivhich promotional rights to promote a boxer may be granted- (a) under a contract betvceen a boxer and a promoter; dr ( b ) betwecn promoters in respect of a boxer, may not exceed 12 months if- 40 45 ( 1 ) a boxer is required to grant such rights: or (ii) a boxer‘s promoter as a condition precedent against another boxer who is under contract to a promoter. to a boser’h participation is required to grant !such rights in respect of a boxer, in a professional boxing match 50 (3) Apromoter may not secure exclusive promotional rights from a boxer’s opponents as a condition of participating in a professional boxing match against a boxer. and any contract to the contrary- Promotional rights under mandator>- bout contracls Employment 3s condition of promoting

26. N o perwn \\,ho is a- licensee: ( L I ) ih) managel-: i c ' i matchma'he~-: or promo~er. ( d l 5 10 may require a boxcr to emplo!. retain or prolick con~pensation to any individual or or husinrss enterprise designated b), that person as a condition of such-- \\hether operating i n corporate for111 or not recommended I5 i i ) person's \A.orkin,o \i.ith a boxer as a licensee. manager, matchmaker 01- promoter: (ii) person's arranging for a boxer to participate i n a professional boxing match: or 20 (iii) boxer's participation i n a professional boxing match. Otfences and penalties

27. Any person VI ho contravenes any provision of this Act is guilty o f an offence and on con\jction liablc: to a fine or to i~nprisonmen! not exceeding 12 months or to both such fille and such imprisonment. 25 CHAPTER .3 Boxers'. managers'. trainers', promoters' and association officials' right to freedom of' Protection of boxers, managers. trainers, promoters and officials 29. ( 1 ) A person may not- (a) discriminate against a boxer. manager. trainer. promoter or official for exercising any right i n terms of this Act: or ( h ) prebent a boxer, manager. trainer. promoter or official to exercise any right in 5 terms of this Act. 12) N o person may advantage, or promise to advantage. a boxer, manager. trainer, promoter or official, if that boxer. manager, trainer. promoter or official in exchange for such advantage is required to refrain from exercising any right i n terms of this Act, or participating from 10 ( 3 ) A provision in any contract. entered into after the commencement of this Act. that in terms of this Act. proceedings i n any directly contradicts or limits an); provision of this, Act, is invalid. Accreditation of legal firm, medical doctor or auditor 30. (1) Any legal firm, medical doctor or auditor, or agency thereof, may apply to Boxing SA in the prescribed form for accreditation to perform any functions: of the following 15 ( a ) Resolving disputes through conciliation: ( b j arbitrating disputes that remain unresolved after conciliation: (cj scrutinising contracts of boxers: and (dj scientific testing of boxers for doping and ensuring that prescribed standards 20 are met. ( 2 ) Boxing SA may require further information in support of the application and, for that purpose. may require the applicant to attend None or more meetings of Boxing SA. (3) Boxing S.4 may. after considering the application, accredit an applicant to perform any function referred to in subsection (1). or may refuse to accredit the applicant. 25 ( 3 ) Boxing SA must inform accredited applicants in writing of their functions. Procedures for resolution of disputes 31. ( I ) If there is a dispute concerning any matter regulated by or under this Act. any part>- to the dispute may, in writing. refer the dispute to Boxing SA. (2) The party who refers the dispute to Boxing SA must satisfy Boxing SA that a copy 30 of the referral has been served on all the other parties to the dispute. (3) Boxing SA must attempt to resolve the dispute and must give regard and may make such order as to costs as it deems fit. its ruling in this (4) If the dispute remains unresolved or the parties do not agree with the finding of Boxing SA. any part); may matter the refer for arbitration. Burden of proof

32. In any proceedings under this Act. other than in criminal proceedings. the burden of proof is on a balance of probabilities. and must be discharged by the applicant or complainant. Application of Act

33. In !he even1 of any conflict arising between this Act and any law in force iinmediately prior t o the date on which this Act takes eifec-t. other than the Constitution and the Public Finance hlanagement Act. 1999 (Act No. 1 of 1999). the provisions of this Act prz\ ail. Regulations 34. ( 1 ) The Minister may, after consultation nith Boxing S A . make regulations with regard to- 35 40 35 Act: promoter: or 5 10 in which any tournament must be of any person as a boxer. official. trainer, licence. certificate or other document to be used for purposes the msnner and form in which any application under this Act must be made: the nature o f the particulars to be furnished u.ith any application under this Act: the form of an!' of this the fees pa! able tc Boxing S.4 in respect of the grant. issue or renewal of any licence. certificate 01- other similar document, under this Act; the pou'ers and duties of officials during tournaments; requirements for the registration manager the rules under which and the manner organised: the manner in which participants must be attired and, in the case of boxers. the nature. weight and quality of gloves and bandages to be used: of the the weighing of physical and mental fitness and the medical examination of participants prior to and during any tournament: the rating of boxers and the sanctioning of fights between boxers: the circumstances under which any specified class of persons are prohibited from attending or taking part in tournaments generally or any specified kind of 20 tournament: the submission to Boxing SA by the promoter of a tournament of a statement showing the expenditure incurred in connection with and the income derived from such tournament: the management of a benevolent fund and the purpose for which such fund may be used: the compensation of Boxing SA members and officials; the licensing and training standards for trainers, managers. promoters. referees. judges or timekeepers: matters regarding the contracts between boxers and managers, and boxers and 30 promoters. participant's prior t o any tournament, the testing 25 I5 and, generally. with regard to any matter that i n terms of this Act must be prescribed or any matter that the Minister considers it necessary or cxpedient to prescribe in order to achie\,e the objects of this Act. Repeal and amendment of provisions of Act 39 of 1954, saving and transitional provisions 35 35. ( I ) Subject to this section. the provisions of the Boxing and Wrestling Control Act. 1954 (Act No. 39 of 1954). mentioned in the third column of the Schedule are repealed or amended as indicated in that column of the Schedule. (2) ,4ny regulation or authorisation made or granted in terms of a repealed provision 40 this Act. be regarded as having been made or granted under the of the Boxin: and Wrestling Control Act, 1954 (Act No. 39 of 1954). must, unless inconsistent u,ith corresponding prolaision of this Act, and remain:, :n force until withdrawn or repealed. (3) An!. registration or remoi a1 from a register or any other thing done in terms of a repe~led pro\ ision of the Boxing and Wrestling Control Act. 1954 (Act No. 39 of 1954). 45 must be regarded 2s ha\.ing been dor-,z under thims Act. (4) i ~ , ! Thc South African National Boxing (Control Commission contemplated in section 2 of the Srlxing and Wrestling Con:rol Act. 15154 (Act No. 39 of 1953). ceases to exist on t h e day immediately ?receding the date of the first meetin: of Boxing SA. ( b ) .411 rightb. obligations. assets and liabilities acquired African National Boxin? Control Commission inlmediateiy vest Boxing SA muht be regarded as having acquired or incurred such rights. obligations. ascets and liahilitits i n telms of this Act. or incurred by the South 50 i n Boxing SA and Short title

36. The Act is cxlled the South African Boxing Act. 2001. and comes into operation 55 thr Presidcnt by proclarnation i n the Go:e:rr. on a date to hc fixed b! Schedule (Section 35) Number and >.ear of Law k t . No. 39 of 1953 Short title ?axing and Wrestling hntrol .4ct, 1954 Extent of repeal or amendment the followjng for the “commis- 9 ) Amendment of section 1- (i) by the substitution definition of sion“ of definition: ‘‘ ‘commission’ Boxing SA established b section 4 of the South A? rican Boxing Act. 2001:“; and means (ii) by the deletion of the defi- “official”, of nitions “promoter” and “tourna- ment”. b) Repeal of sections 2, 3, 4. 5. 6 and 7. c ) Amendment of section 8 by the substitution for the expression “this Act’‘ of the expression “the South African Boxing Act, 2001,”. d ) Repeal of sections 9(l)(a) to (m) and (2), 10 and 11. e ) Amendment of section 13 by the substitution for subsection (5) of the following subsection: “ ( 5 ) Any person registered in terms of section 7(c) South African Boxing Act. 2001, may not be a member of a provincial commission.”. f ) Amendment of section 14 by the substitution for the words preceding the proviso following words: “The Drovisions of sections 5 of the shall nzutaris came into force, mutandis apply to a provincial commission”. g) Amendment of section 18 by- (i) the substitution in subsec- tion ( 2 , for the proviso of the following proviso: *‘: Provided that the time Minister may at any his or he1 remove from office any member of a local commission an tht. in the grounds specified proviso to [sub-section (1) of section $five] sectior and T + Extent of repeal or amendment ( i i ) the substitution for suh- section (3) of the follo\s- ins subsection: " ( 3 ) [Sub-section (2) of section $ l w ] Section 5 0 ) as it was in force immediately before the Boxing South African Act, 2001. came into mutaris - force shall murandis apply to a local . . - commission.". ' h i Repeal of sections 20. 2 1. 2 I A. 21R. 22 and 23. j I I I 1 i I I I I i