CHALLENGES OF THE LEGAL POLICY FOR SPORTS TO REALIZE THE WELFARE STATE: SITUATION, TREND AND TASK IN SOUTH AFRICA

서지정보

· 발행기관 : 한국스포츠엔터테인먼트법학회
· 수록지 정보 : 스포츠엔터테인먼트와 법 / 10권 / 1호 / 69 ~ 94페이지
· 저자명 : Rian Cloete

초록

The purpose of this study is to offer brief overview of the unique challenges facing the new South Africa. It will discuss about the framework of sport in South Africa, harmonization of laws within the African Union, government policy toward sport and welfare state, transformation of sport in South Africa, the national lottery, and 2010 FIFA World Cup
First, parliament, mainly through the Minister of Sport and Recreation and the Portfolio Committee on Sport and Recreation, is principally responsible for government policy and the implementation of legislation which impacts on sport in South Africa. The National Sport and Recreation Act makes provisions for the promotion and development of sport and recreation to provide for measures aimed at correcting imbalances in sport and recreation. In 2006, National Sport and Recreation Amendment Bill was drafted to provide for a unified government structure for the governance of sport in South Africa. The South African Sports Confederation and Olympic Committee was formed to function as the controlling body for all high performance sport in South Africa.
Second, the harmonization of the law of Africa is not easy because Africa is complicated by 53 states with different legal systems. However, sports law, as a proposed focus areas, is expected to be enormous contribution to the socioeconomic development of Africa and could even be used for peace-keeping initiatives. This is supported by the UN that urged the South Africa government to use sport as an instrument towards achieving peace and stability in Africa.
Third, government creates SRSA to improve the quality of life of all South Africans by promoting participation in sport and recreation in the country. The priority of SRSA is to provide funds for the creation or upgrading of basic multi-purpose sports facilities in disadvantaged areas. Some excellent examples, such as the special program for HIV/AIDS, policy pursuing more South Africans in physical activity more often, and Homeless Football World Cup held in South Africa in September of 2006, show how sport can be used to contribute to welfare.
Fourth, the greatest challenge to sport in South Africa is the management of change in a way that will eliminate crude references to race, yet promote the ideals of harmonious co-existence, working together and playing together. The use of Affirmative Action in sport and greater participation of talented individuals from historically disadvantaged community show good examples.
Fifth, the National Lottery plays an important role to support the development of sport. Lastly, 2010 FIFA World Cup will also create the opportunity to speed up the process in order to overcome the inequalities of South Africa's past and would make a huge contribution to South Africa's effort to improve the lives of all its people.

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