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Safety at Sports and Recreational Events Act, 2010 (Act No. 2 of 2010)

Chapter 1 : Definitions and Application of Act

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"access control officer"

means a person appointed in terms of section 20 to be in charge of access of persons and motor vehicles at an event;

 

"accreditation"

means a process whereby persons and drivers of motor vehicles wishing to enter a designated area within a stadium, venue or along a route or their respective precincts must apply for, be evaluated, screened and subjected to meeting certain criteria set by the event safety and security planning committee and be issued with a special pass incorporating security features which entitles the holder thereof to gain access to the designated area as contemplated in section 18;

 

"authorised member"

means a police official designated in terms of section 15 as Chairperson of an event safety and security planning committee and has overall authority to direct measures relating to safety and security at an event;

 

"Authority"

means the Private Security Industry Regulatory Authority established by section 2(1) of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);

 

"controlling body"

means a national federation as defined in section 1 of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998), a provincial federation or an international controlling body or other body governing a code of sport, recreational, religious, cultural or similar activity in the Republic, but excludes the National Department of Sport and Recreation of the Republic of South Africa;

 

"corporate hospitality"

includes the provision of food, liquid refreshments and entertainment, to members of the public or invited guests within a permanent or temporary demarcated hospitality area which may be located within a stadium or a venue or along a route, or within the immediate or outer precincts thereof;

 

"designated area"

means an area or zone designated by the event safety and security planning committee in the prescribed manner as contemplated in section 16(1)(e) and in respect of which access is limited to a person specifically accredited to enter such area or zone;

 

"disaster management"

means a process of planning and implementation of the disaster preventative and reactive measures referred to in section 1 of the Disaster Management Act, 2002 (Act No. 57 of 2002);

 

"disaster management centre"

means a centre established in terms of the Disaster Management Act, 2002 (Act No. 57 of 2002);

 

"emergency services"

means, in relation to a sports, recreational, religious, cultural, exhibitional, organisational or similar event, all public and private sector medical services, including emergency medical services and health services, the fire department, the disaster management department and local authority traffic or by-law enforcement department;

 

"essential services"

means 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, including any functionary or institution performing the above or related public functions, or an external service provider as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), responsible for ensuring that the measures contemplated under the definition of 'disaster management' contained in section 1 of the Disaster Management Act, 2002 (Act No. 57 of 2002), are in place and complied with as far as the staging of an event at a stadium or venue or along a route is concerned;

 

"event"

means sporting, entertainment, recreational, religious, cultural, exhibitional, organisational or similar activities hosted at a stadium, venue or along a route or within their respective precincts;

 

"event organiser"

means 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 as contemplated in this Act;

 

"event safety and security planning committee"

means the committee contemplated in section 15 responsible for coordinating the functions of the role-players that are involved in the provision of safety and security at an event, the safety and security planning for an event, the assignment of safety and security tasks to role-players at an event, the demarcation of safety and security areas and zones and to advise the National Commissioner of the committee's assessment of the categorisation of an event;

 

"event ticketing"

means the production, distribution and sale of tickets in respect of an event contemplated in section 19;

 

"exclusion notice"

means the notice contemplated in section 22 which may be issued by the authorised member, VOC commander or the National Commissioner to prevent the attendance of a person or group of persons that, based on historical behaviour regarding such person or group of persons, or reliable current information, may result in the disruption of an event or cause injury to a person or damage to property;

 

"existing stadium or venue safety certificate"

means a certificate issued by a local authority in terms of section 7(1)(a) regarding the infrastructural safety of an existing stadium or venue;

 

"grading certificate"

means a certificate issued by a local authority in terms of section 7(2) determining the safe spectator capacity of a stadium or venue and the level of risk of the event that may be hosted at a stadium or venue;

 

"high-risk event safety certificate"

means a certificate, which may contain specific conditions, issued by the National Commissioner in terms of section 7(3) in respect of an event that has been categorised as high-risk;

 

"liquor"

means liquor as defined in section 1 of the Liquor Act, 2003 (Act No. 59 of 2003);

 

"local authority"

means a municipality established under section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), within whose jurisdiction a stadium, venue or route is located;

 

"Minister"

means the Minister responsible for sport and recreation in the Republic;

 

"National Commissioner"

means the National Commissioner of the South African Police Service;

 

"National Health Act"

means the National Health Act, 2003 (Act No. 61 of 2003);

 

"new stadium or venue design safety certificate"

means a certificate contemplated in section 9 issued with regard to the infrastructural safety of a planned new stadium or venue;

 

"organise"

includes to arrange, be in charge of or purport to be in charge of, convene, host, manage, plan, stage, supervise, hold an event or hold sponsorship rights to an event;

 

"peace officer"

means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No.51 of 1977);

 

"person"

includes a natural or juristic person;

 

"police official"

means a member as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), and includes a member of a municipal police service;

 

"precinct"

means an enclosed or clearly defined surrounding area or environs or a specifically designated or sign-posted area immediately adjacent to or in close proximity to a stadium, venue or route which is demarcated in terms of a safety and security plan;

 

"prescribe"

means prescribe by regulation;

 

"prohibition notice"

means a notice contemplated in section 21 that prohibits or restricts the admission of spectators to a stadium, venue or route if the admission of spectators involves or may involve a serious risk to any person at an event;

 

"registered person"

means a person defined in section 1 of the Engineering Profession Act, 2000 (Act No. 46 of 2000), and registered under the category of Professional Engineer; Professional Engineering Technologist; Professional Certificated Engineer; or Professional Engineering Technician in terms of section 8 of that Act;

 

"regulation"

means a regulation made under section 45;

 

"route"

means the way or course taken in getting from a starting point to a destination during an event which takes the form of a race or procession;

 

"safety certificate"

means a certificate referred to in section 7 regarding the safety of a stadium or venue for holding an event or determining the safe spectator capacity of a stadium or venue and the level of risk of the event that may be hosted at a stadium or venue or issued in respect of a high-risk event;

 

"safety and security plan"

means the safety and security plan referred to in section 16(1)(b) providing for the coordination of the functions of the role-players involved in the provision of safety and security at an event;

 

"safety officer"

means a person appointed in terms of section 4(4)(a) to assist with the planning and oversight of safety and security measures at an event;

 

"security officer"

means a security officer as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);

 

"security service"

means a security service as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), rendered at an event;

 

"security service provider"

means a security service provider as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);

 

"spectator"

means a member of the public who is an attendee or part of an audience at an event held at a stadium, venue or along a route or within their respective precincts;

 

"stadium"

means 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 has a safe seated or standing spectator capacity of at least 2000 persons as certified by a local authority;

 

"stadium design plan"

means a stadium design plan referred to in section 9 or in respect of a planned new stadium or a proposed alteration or extension to a stadium;

 

"stadium owner"

means a person who owns, manages or is entitled to exercise the rights of an owner or occupier of a stadium used for events;

 

"steward"

means a person appointed in terms of section 4(4)(b), and exempted in terms of section 20(5) of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), to be responsible for the marshalling and overseeing of the safe and general flow of spectators, the provision of event information, including safety and security information to spectators, the provision of ushering services and the provision of assistance with emergency evacuation procedures to persons within a stadium or venue and their precincts;

 

"this Act"

includes a regulation made under section 45;

 

"traffic-free zone"

means an area designated by an event safety and security planning committee on a public road or other area, and clearly marked in the prescribed manner, as an area where access is limited to a motor vehicle and a person specifically accredited to enter such an area;

 

"vendor"

means a person authorised in writing by a controlling body, event organiser or a stadium or venue owner to sell or otherwise purvey approved goods or services within the precincts of a stadium or venue or along a route;

 

"venue"

means any area or place, other than a stadium where an event is hosted, that has a seating or standing spectator capacity of at least 2000 persons as certified by a local authority, within which other permanent or temporary structures may be erected and which may be demarcated by an enclosed or semi-enclosed permanent or temporary structure;

 

"venue design plan"

means a venue design plan referred to in section 9 or 10 in respect of a planned new venue or a proposed alteration or extension to a venue;

 

"venue owner"

means a person who owns, manages or is entitled to exercise the rights of an owner or occupier of a venue used for events;

 

"VOC"

means a venue operations centre contemplated in section 17 where the entire safety and security operation in respect of an event at a stadium, venue or along a route is coordinated;

 

"VOC commander"

means the authorised member of the South African Police Service who is in charge of the VOC or police official designated in terms of section 17 to be in charge of the VOC;

 

"volunteer"

means a person appointed and accredited by a controlling body, event organiser or stadium or venue owner in terms of section 4(6) to supervise arrangements or provide any function or service in support of an event but shall specifically exclude the provision of a security service unless such a person is registered as a security officer.

 

 


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