National Sports Act, 2023

The Minister must, by statutory instrument, commence section 7 on a date to be specified in that statutory instrument.

The Act's object is to promote recreation and sports for citizens of Uganda and requires Government to coordinate national sports activities, set industry standards, support capacity building, and facilitate national teams.

This section provides definitions of terms used in the Act (for example: “agent”, “athlete”, “national sports association”, “prohibited substance”, “World Anti‑Doping Agency”, etc.).

National sports associations and national sports federations must organise sports and sports competitions at the national level in Uganda; Uganda must be represented at international sports competitions and events by athletes and national teams identified and promoted by those associations and federations and supported by the Government.

Establishes the National Recognition and Reward Scheme and allows the Minister to prescribe awards (including monetary payments, pension and gratuity) by statutory instrument in consultation with the finance and public service Ministers.

A national sports federation seeking registration must be engaged in a national-character sports activity, have Ugandan participation in at least seventy-five percent of all districts, and have leadership elected by an annual general assembly drawn from at least half the districts.

Sets what must be included in and accompany an application for registration by a national sports association or national sports federation, and permits eligible associations or federations to apply to the Council in the prescribed manner and on payment of the prescribed fee.

The Council may reject registration applications for national sports associations or federations for specified reasons; it must publish applications, invite objections, handle objections as prescribed by regulations, and if rejecting must notify the applicant in writing with reasons and offer a hearing.

The Council must register an applicant national sports association or national sports federation if it meets the Act's registration requirements and must issue a certificate of registration.

A national sports association or national sports federation that wants to renew its registration may apply to the Council for renewal.

The Council may cancel a certificate of registration for national sports associations or federations for specified grounds; before cancelling the Council must notify the association/federation in writing and give them an opportunity to be heard; cancelled bodies must cease to operate and the Council must request the international governing body to appoint a normalisation committee and remove the body from the register.

National sports associations and national sports federations must perform a set of functions for their registered sports discipline, including developing and managing clubs, teams or athletes, organising competitions, training and constituting national teams, representing Uganda internationally, maintaining member registers, protecting members' interests, certifying agents/managers, accounting for funds, liaising with the Ministry and Council, and enforcing governing-body rules.

National sports associations and national sports federations must be independent in performing their functions and in applying international sports statutes; the Council may give written directions to them consistent with applicable law and international rules to ensure proper administration.

National sports associations and federations may affiliate with international sports governing bodies and must submit their registration certificate prior to approval; those already affiliated shall continue to be affiliated.

National sports associations or national sports federations must constitute and manage national teams and are responsible for selection, preparation, financing, welfare, staffing and coordination related to international sports competitions.

The Council must maintain a register of registered national sports associations and federations; associations and federations must notify the Council in writing of changes within twenty-one days; the public may inspect the register on payment of prescribed fees.

This provision lists acts a national sports association or national sports federation may intend regarding participation, team entry, hiring expatriates, or international affiliation.

National sports associations and federations must submit an annual financial report to the Council within four months after the end of each financial year, containing specified statements and accompanying documents; the Council shall examine the report and give directions as necessary.

Persons seeking to act as agents, promoters or managers of athletes must be certified; such agents/promoters/managers must enter into a management contract with the athlete; national sports associations/federations must transmit certified lists to the Council; the Minister must set certification and contract content rules by statutory instrument.

National sports associations and federations must keep a register of beneficial owners with specified particulars, notify and provide copies to the General Secretary within 14 days, and must not keep the register outside Uganda; the Minister may make regulations and prescribe penalties; default attracts a fine of five currency points per day.

The Council can dissolve national sports associations or federations for contravening the Act or acting against national security; members may voluntarily dissolve their organisation under their constitution; associations/federations must notify the Council in writing within seven days of deciding to dissolve and must publish a notice at least three months before member resolution; the Council may issue a certificate of dissolution upon receipt of the notice.

Registered community sports clubs become bodies corporate with perpetual succession and, in their corporate name, may acquire and dispose of property, sue or be sued, and perform other corporate acts; the Minister must make regulations prescribing registration procedures, criteria, deregistration and dissolution matters; applicants must apply to the Council for a registration certificate.

Sets process for declaring a national sport: applicants must apply in prescribed form (by a citizen or resident and with prescribed fee); the Council must consider listed factors and may declare or withdraw recognition.

Registered national sports associations and federations become bodies corporate with perpetual succession on registration and may, in their corporate name and for their functions, acquire and dispose of property, sue or be sued, and perform other lawful acts necessary to discharge their functions.

Each national sports organisation must set out who its members are in its constitution.

A national sports association seeking registration must have a national character (being a sports activity), be engaged in amateur sports with Ugandan participation in at least fifty percent of districts, and have leadership elected by an annual general assembly drawn from at least fifty percent of districts; the Minister must make regulations by statutory instrument for transforming an association to a federation.

The Council is capable of suing and being sued, may act to discharge its functions, continues in existence, shall administer the Act, is a body corporate with perpetual succession and an official seal, and may hold property and do lawful corporate acts.

The Council's official seal must be in a form determined by the Board; when the seal is affixed to any document it must be authenticated by the signatures of the Chairperson and the Board secretary; if the Chairperson is absent, the person performing the Chairperson's functions must authenticate the seal.

The Council must perform a range of functions including recognising national sports, registering national sports organisations, promoting and regulating national sports associations and federations, providing or facilitating facilities and training, promoting sportsmanship, creating public awareness, organising clinics, managing public sports facilities and museums, approving certain expenditures and international participation, and maintaining registers in a prescribed format.

The Minister may, in writing, give directions to the Council about the policy the Council must implement.

The Council must supervise national sports associations and federations, may inspect and audit them, must conduct yearly compliance tests, may appoint persons to act on its behalf, and national associations/federations must cooperate and provide requested information within one month; non-compliance must be remedied within ninety days.

The Board is the Council's governing body; the Minister appoints seven Board members and selects a chair from among them; membership must include representatives of listed stakeholder groups.

Members of the Board hold office for four years and may be re‑appointed for one further term; the Minister must ensure that persons appointed to fill vacancies serve four years and are eligible for re‑appointment.

The Minister may terminate a Board member for listed grounds; a Board member may resign with 30 days written notice; before terminating for specified grounds the Minister must give the member an opportunity to be heard.

The Chairperson and members of the Board shall be paid remuneration as specified by the Minister in the instruments of appointment, the Minister acting in consultation with the Ministers responsible for finance and for public service.

Schedule 3 to this Act has effect in relation to the meetings of the Board and other matters provided for in that Schedule.

The Board may create a committee to advise it; the Board must set a committee's terms of reference and composition and, after consulting the Minister responsible for finance and the Minister responsible for public service, the terms and conditions of service for committee members.

The Secretariat shall, under the Board's direction and supervision, perform the Council's functions specified in section 29.

The Board appoints the General Secretary; the General Secretary holds office for five years (eligible for one further term) and is the Council's accounting officer.

The General Secretary is the chief executive of the Council and must perform specified administrative, managerial and liaison functions and be answerable to the Board.

The Board may appoint other officers and staff of the Council on the advice of the General Secretary; officers and staff appointed under this section must hold office on terms determined by the Board and as specified in their instruments of appointment.

The Council's funds consist of money appropriated by Parliament and grants and donations from the Government or, with the approval of the Minister and the Minister responsible for finance, from other sources.

The Auditor General or an auditor appointed by the Auditor General must audit the Council's accounts each financial year.

The Board must submit an annual statement of activities to the Minister within three months after each financial year; it must also submit other reports if requested; the Minister must forward the annual report to Parliament within two months of receipt.

The Council must at all times comply with the Public Finance Management Act.

Minister appoints arbitrators from nominations by the Council and national sports bodies; parties choose at least three (an odd number) from that list; Minister updates the list every two years; certain convictions, bankruptcy or bans disqualify a person; the Minister may remove an arbitrator for incapacity, misconduct, incompetence or failure to perform.

Parties to sports disputes must bear their own arbitration costs; national sports associations and federations must pay an annual arbitration fee to the Council; the Minister may prescribe the fee amount; the Council shall apply fees to offset arbitration costs.

Constitutions of national sports associations and national sports federations must provide for arbitration and related obligations; constitutions lacking those provisions are null and void, and the Council must not register such bodies.

If this Part does not expressly make provision for an arbitration matter, the Arbitration and Conciliation Act applies with necessary modifications.

The Council must authorise which sports pupils and students in schools and institutions of higher learning may participate in; schools and institutions of higher learning must offer at least fifteen of those authorised sports activities.

Pupils and students are entitled to participate in sports activities offered by their school or institution of higher learning.

The Ministry must organise sports competitions for schools and institutions of higher learning, in consultation with the Council, for disciplines authorised by the Council; institutions are categorised into primary, secondary, tertiary and universities.

Requires each category of schools or institutions of higher learning to have a sports association; establishes a yearly national sports committee of nine members appointed by the Minister from nominees of the sports associations; each sports association must nominate twenty members.

A person seeking to operate a sports academy must be licensed by the Council with approval of the respective national sports federation; the Council must safeguard the welfare, rights and best interest of a child when licensing.

The National Anti-Doping Organisation is established as a body corporate with capacity to sue and be sued, an official seal, and may, for discharging its functions, acquire, hold and dispose of property and do acts lawful for a body corporate.

Defines composition of the National Anti-Doping Organisation, appointing authority, member tenure and remuneration arrangements.

The Uganda Olympic Committee is established as a corporate body with perpetual succession and an official seal; it may acquire property, sue and be sued, and must follow the Olympic Charter in membership and functions, including organising and promoting athletes and recognising only council-registered national sports bodies.

Athletes are prohibited from using, consuming, possessing, or employing methods involving substances or methods banned by the World Anti-Doping Agency; persons who administer, encourage, sell, display for sale or possess such substances or methods also commit offences and will be subject to WADA sanctions.

Licensed persons under the Lotteries and Gaming Act must not allow betting on sports activities or use sports competition results organised by national sports associations or federations without written authorisation; contravention is an offence with specified penalties and the court may order compensation.

Persons are prohibited from manipulating sports results or the course of sports competitions; persons who know or have reason to believe such an offence has occurred must report it to the Uganda Police Force and the relevant national sports association; contravention is an offence punishable by a fine not exceeding five thousand currency points or imprisonment not exceeding five years, or both.

Unauthorised persons who enter, stay, remain at, or allow access to sports events or competitions organised by national sports associations or federations commit an offence and face fines, imprisonment, or both; the court may also order payment of damages to affected associations or federations.

It is prohibited for a person to film or audio-record events or competitions organised by a national sports association or federation for commercial purposes without that association's or federation's authorisation; doing so is an offence punishable by a fine of up to one hundred twenty currency points or up to five years' imprisonment, and the court may also order payment of damages.

A person must not falsify another participant's identity, age or education, or offer payment to secure enrolment, registration or transfer to a sports team so the person can take part in a sports competition.

People who are not certified under this Act must not act as an agent, promoter, or manager of an athlete; doing so is an offence punishable by up to a fine of five hundred currency points or up to three years' imprisonment, or both.

A person must not broadcast a sports competition or sporting event organised by the national sports association or federation without authorisation from that national sports association or federation.

A body corporate is treated as committing an offence if a person with authority over it commits the act; where that happens a court must hold a principal officer liable and may impose an additional penalty up to twenty thousand currency points.

A person who contravenes a provision of this Act for which no penalty is prescribed commits an offence and, on conviction, may be fined up to seventy-two currency points or imprisoned for up to one year, or both.

Minors aged sixteen or older may take part in sports with adults, organisers must give legal advice to the minor and parent/guardian, the parent/guardian must give written consent, and if payment is required the parent/guardian must contract with the organisers.

Public sports facility land and the facilities themselves vest in the Council, and the Council is prohibited from selling, leasing, mortgaging, disposing of or otherwise dealing with that land and those facilities.

National sports associations, national sports federations and their members are the original owners of all commercial rights for their sport disciplines, and each association or federation must make regulations to manage and exploit those commercial rights and share benefits among members.

A member of the Board, an officer or staff of the Council is not personally liable for acts or omissions done in good faith while performing their functions under the Act.

Members of the Board, officers and staff of the Council must not unlawfully disclose information obtained in the course of their employment; contravention is an offence punishable by a fine up to forty-eight currency points or imprisonment up to one year, or both.

Section Regulations Section Without prejudice to subsection (1) , the Minister shall in consultation with the Board , make regulations— The Minister may, in consultation with the Board , make regulations for the better carrying into effect

The Minister may, by statutory instrument and with Cabinet approval, amend Schedule 1 to this Act; the Minister may, by statutory instrument, amend Schedule 3 to this Act.

Repeals the National Council of Sports Act and preserves existing statutory instruments, certificates, agreements and registrations with specified amendment and compliance timelines.

Persons employed by the Council at the commencement of the Act shall remain in the employment of the Council.

Pending court proceedings and executions of court orders that applied to the Council before this Act continue to be enforceable by or against the Council; proceedings against the Council connected to Council matters shall continue until disposed of.