The Safety at Sports and Recreational Events Act of 2010 came into full effect on 1 September 2015. MSA, as the recognized National Federation for motorsport, is required to ensure that events held under its auspices comply with the Act.
Attached, for ease of reference, is a copy of the Safety at Sports and Recreational Events Act 2010, together with a covering letter from the Minister of Sport.
The Act sets out to ensure the safety of people attending events (including sporting events), as well as their property, and is largely in response to incidents that have taken place in which spectators were injured or killed.
In many ways, Motorsport is probably ahead of the organisers of other events in that safety is very definitely viewed as a priority and MSA ensures that public liability insurance cover is in place at all MSA-sanctioned events for competition-related incidents. This however does not change the fact that motorsport organisers, like the organisers of all other public events, will have to comply with the Act.
As the National Federation, MSA assists all its clubs, promoters and organisers by applying to the National Police Commissioner for ‘blanket’ low-risk categorisation for all events listed on the annual motorsport calendar. This saves organisers the effort of having to apply for categorisation of each event individually.
Organisers are reminded that no event may be organised, unless the below has been adhered to:
- Risk Categorisation has been obtained through MSA;
- Public Liability Insurance is in place for the event;
- A Safety Officer is appointed for the event (this would generally be the CoC);
- A written Safety Plan is prepared, detailing safety measures, security measures, crowd management measures, motor vehicle parking arrangements and emergency medical measures (including participant medical measures as contemplated in the National Health Act);
- The measures outlined in the abovementioned Safety Plan are actually put into place;
- The local police station is informed prior to the event of the event details (see attached SAPS Clearance Letter);
- The applicable by-laws as well as any other relevant regulations and legislative requirements are complied with.
Once all the required documentation is in place, the event organiser shall be required to do a presentation to the local JOC to obtain approval for the event to go ahead. These presentations are by appointment only and appointments must be made at least 30 days in advance.
If an event is not inscribed on the initially published MSA Calendar and therefore does not form part of the ‘blanket’ categorization, organisers need to complete and submit the Section 6 (3) application to MSA. (See attached – Section 6 (3) Application).
Event categorisation requires a minimum of six (6) weeks advance notice. It is important to note that, if an application is submitted too close to the date of the event, there is a strong possibility that the National Police Commissioner will not categorise the event, and MSA will be unable to issue an organising permit. The obvious solution is to ensure that events are planned well in advance.
The various Local Authorities play a pivotal role in this process, and grading certificates for existing stadiums and venues must now be obtained for permanent motorsport venues.
It is very important to note that, in terms of the Act, all venues that have not obtained a venue grading certificate will fall foul of government legislation. It is required that every facility hosting an event in South Africa (including churches, guest houses, hotels, wedding facilities, schools, shopping centres, etc.) has a grading certificate in place. The relevant certificate has to be applied for from the relevant local JOC and Fire Department.
We trust that this broad summary will assist you. For further information, please click on the links above.
If you have any queries in this regard, please don't hesitate to contact your MSA Sport Coordinator for further assistance. MSA is committed to doing all it can to make this process as painless as possible for event organisers.