Overview of an application in terms of the; SAFETY AT SPORTS AND RECREATIONAL EVENTS ACT 2/2010

8 May

Let me soak you into this very slowly

There are three types of events that you get that will be categorised under acts;

They are;

  1. The SAFETY AT SPORTS AND RECREATIONAL EVENTS ACT 2 OF2010
  2. THE GATHERINGS ACT 205 OF 1993
  3. Then All other acts that could govern “stuff” you will have at your event that does not slot under anyone of these two first acts – a general event
  1. Now if you are contemplating  hosting a sport or recreational event then you need to check if your event type need to apply in terms of  which act; or need to apply for the general hosting of an event; if so then you must  follow the following steps in order to host an event;
  2. Let’s start from the top down, with event type one…
    1. What are the definitions that inform us if this event needs to be applied for in terms of act 2 of 2010– and the duties of  the event organiser under this act?

You need to apply under this act if and when you host an event that has the following attributes;

  • ‘‘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 – implying (as well as the grounds/ adjacent grounds of a stadium, entertainment facility or sport field);
  • ‘‘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;
  • ‘‘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;
  • ‘‘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;
  • ‘‘route’’ means the way or course taken in getting from a starting point to destination during an event which takes the form of a race or procession; (Take note; events – of an industrial, protest or political nature will not sort under this act – toi-toi’s –but rather under the Gatherings act, act 205). Enquire at the police station about the procedure for political, industrial marches and gatherings.
  • ‘‘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;(anything less than 2000 seats – is not considered to be a stadium).
  • ‘‘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 2 000 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;
  1.       In summary, all events bigger than 2000 people must apply if and when;
  2.       The event is hosted at a stadium/s with a capacity of over 2000 – no matter the amount of      people… catered for     
  3.       Where the events contemplated are of a sporting, entertainment, recreational, religious, cultural, exhibitional, organisational or similar activities/ nature, hosted at public place or entertainment venue, or its grounds… then they must apply 
  4. Any event of a public nature, at any other venue, park, or location -when it has a capacity to host more than 2000 – or the crowed expected will reach 2000 and more – either people seated or standing – where the public will be entertained, will need to apply. 

Application of Act 2. (1) In the event of any conflict between this Act and any other legislation, this Act prevails if the conflict specifically relates to a matter dealt with in this Act. (2) This Act— (a) applies subject to any guarantee or undertaking given by the Government of the Republic to an event organiser or a controlling body under authority of the Cabinet or under any national legislation in respect of the hosting of a major international event in the Republic; and (b) does not apply to gatherings as defined in the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993).   The application procedure;   Step 1. All events must first be graded by the provincial commissioner’s office of the police. The specific responsibilities placed on the relevant stakeholders will depend ultimately on the risk categorisation of an event. (Low, Medium or High risk.) This is done by going to the nearest police station, in which area the event will be hosted, and completing an application form. This could take time, and even more time to get an response, so plan well in advance. This is what is required by law; this is a copy of the actual application forms content;

 

SAFETY AT SPORTS AND RECREATIONAL EVENTS ACT 2/2010

 

 

SECTION 6 (3) THE APPLICATION

 

  The National Commissioner SOUTH AFRICAN POLICE SERVICES Provincial Commander Operational Coordination SOUTH AFRICAN POLICE SERVICE Dear Sir APPLICATION FOR EVENT RISK CATEGORIZATION I.T.O SECTION 6 (3) OF THE SAFETY AT SPORTS & RECREATIONAL EVENTS ACT, 2010 (ACT NO. 2 OF 2010) – Please find set out below an application i.t.o. Section 6 (3) of the Safety at Sports & Recreational Events Act (hereinafter referred to as “the Act”) for risk categorization in respect of the following event: SECTION 1  –  EVENT DETAILS 1.1        Name of Event: 1.2        Nature/ Type of Event: 1.3          Event Venue/ Stadium/Route: 1.4          Local Authority certified safe spectator capacity of the Venue/ Stadium: 1.5        Physical Address of Event Venue/ Stadium: 1.6        GPS Co-ordinates of Event Venue/ Stadium: 1.7        Day & Date of Event: 1.8        Scheduled Commencement Time of Event 1.9          Anticipated Duration of Event (spectator access time to closure of venue): 1.10        Popularity/ reputation of the event: 1.11        Expected spectators / participants attendance: 1.12        Any VIP’s/ VVIP’s/Ministers attending/ participating in the event 1.13        Suitability of the Stadium/Venue/ Route: 1.14        Historic record of safety, security and medical incidents at similar events: 1.15        Any relevant crime statistics and crime trends: 1.16        Any threat analysis information regarding the event: 1.17        Any information wrt the sale and consumption of liquor at the event: 1.18        Relevance of the outcome of a competitive event: 1.19        Level of rivalry between competing sports teams or sports persons participating and /or any tension/ rivalry which may exist between the supporters: 1.20        Positions of the teams on the league or rankings of the persons participating1.21        Any international, national, local social, economic, political, or security related factors which may have an impact on the event from a safety and security perspective: 1.22        Availability of police officials, emergency and essential services to assist at the event: Weather or other natural conditions which are anticipated before or on the day of the event: 1.23        The nature of pre-event spectator entertainment and marketing promotions contemplated in Section 4(1): 1.24        Any other factor that the National Commissioner must take into consideration: 1.25        Nearest SAPS Police Station: SECTION 2  –  RESPONSIBLE PERSONS (Section 4(1) of the Act) 2.1          Event Organizer: 2.1.1       Contact Details:

  • Contact Person:
  • E-mail address:
  • Mobile No.:
  • Telephone No:
  • Postal Address:
  • Physical Address:

2.2          Stadium/Venue Owner: 2.2.1       Contact Details:

  • Contact Person:
  • E-mail address:
    • Mobile No.:
    • Telephone No:
    • Postal Address:
    • Physical Address:

  2.3          Controlling Body: 2.3.1       Contact Details:

  • Contact Person:
  • E-mail address:
  • Mobile No:
  • Telephone No:
  • Postal Address:
  • Physical Address :

  SECTION 3  –  CONFIRMATIONS I/We confirm that: 3.1        I/We have/have not previously submitted an annual schedule of events as contemplated in Section 6 (1) of the Act.      (Delete where not applicable); 3.2        I/We have/have not previously received a risk categorization in respect of our submitted annual schedule of events from the National Commissioner of the South African Police Service as contemplated in Section 6 (5) of the Act. (Delete where not applicable); 3.3        There is/is not a valid and current existing stadium or venue safety and grading certificate in place for the stadium/venue, as contemplated in Section 8 of the Act, which will still be valid on the day of the event. (Delete where not applicable); IF NO CERTIFICATES REFERRED TO IN PARAGRAPH. 3.3 ARE IN PLACE;  WRITTEN REASONS MUST BE SET OUT BELOW AS TO WHY SUCH CERTIFICATES ARE NOT IN PLACE: 3.4        I/We have just initiated plans for the event; 3.5        This application satisfies the short notice requirements of Section 6 (3) of the Act: 3.5.1     Furnish written reasons here as to why requirements i.t.o. Section 6(1) of the Act i.e. submission of an annual schedule of events could not be complied with in respect of this event: SECTION 4 – ADDITIONAL FACTORS FOR CONSIDERATION BY THE NATIONAL COMMISSIONER TO DETERMINE THE  RISK CATEGORIZATION OF THE EVENT We respectfully submit that the following factors should also be considered by the National Commissioner in determining the risk categorization in respect of this event: 4.1  I/We have/do not have historical experience in the holding of similar events of a similar size (delete where not applicable); 4.2  I/We have appointed/ensured the appointment of an Event Safety Officer to oversee the safety & security planning requirements of Section 4 (9) & 23  of the Act are in place: Name of Event Safety Officer:     Contact Details :  

  • E-mail address:
  • Contact No:

4.3  There will/will not (Delete where not applicable) be controlled liquor sales to the general public at the venue/ stadium i.t.o. existing protocols with the local SAPS; 4.4  SIRA registered and Private Security Industry Regulation Act compliant security providers who have worked at the stadium/ venue previously will provide access control & general in-stadium/ venue security and safety stewarding services on the day; 4.5  Both provincial & private sector medical emergency services will be deployed at the event for the safety of event participants and the general public; 4.6  There are no material historical medical incident trends at similar events hosted previously at the venue which could have an impact on the safety of spectators at the event; 4.7  We have notified, in writing, the nearest police station of the details of the event. SECTION 5  – EVENT RISK CATEGORIZATION RECOMMENDATION We respectfully submit, with reference to all of the information set-out above, that the event should be categorized as LOW RISK/ MEDIUM RISK/HIGH RISK(Delete where applicable)   I/We await your event risk categorization of this event. An event briefing meeting has been scheduled at the event venue at on ………….. N/A……………………. Kind regards For and on behalf & duly authorized by (Full legal name of Event Organizer) Step 2. The grading of the event will come back, and then the local council must be approached with this document. Normally the Metro Police will initiate the application. Take note; THAT it’s now the responsibility of the vent organiser to ENSURING SAFETY AND SECURITY AT EVENTS…cannot leave it to the POLICE. Responsibility for safety and security at events 4. (1) A controlling body, an event organiser, or a stadium or venue owner, as the case may be, must put in place such measures as may be prescribed to ensure the physical safety and security of persons and their property at an event. (2) A person referred to in subsection (1) must cooperate with and assist the event safety and security planning committee and the VOC commander in the performance of their functions under this Act. – the ‘‘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; Grading and its consequences and legal burdens on the organiser When the grading is done, it will inform the level of organisation required, to be in place for an event to continue.

Events categorised as low risk, then event organiser must ensure, amongst others, that a safety officer is appointed for the event, _ Normally a contracted security company – that will be tasked to compile a written operational plan – safety plan – that is then prepared, and make sure that the measures contained therein are implemented and that the local police station is informed of the event (mostly or at least 14 days prior to the event) and of the event details.

The aforesaid safety plan must detail; amongst others, the safety measures, security measures – amount of guards, their deployments, and grading, crowd management measures, motor vehicle parking arrangements and emergency medical measures, that will be in place at the event – a medical plan is required here, and events must be self sufficient, and not reliant on town council. It must also detail various further measures, including, amongst others, the event risk assessment, the event details (including duration), the stadium, venue or route design, safety capacity and compliance with other relevant safety certification – engineers certificates, and COC – Certificate of Compliance – electrical and in terms of ISO( SANS 10366;2009 – and 90010 and others), spectator profile and expected spectator attendance, availability or ablution facilities, control of liquor – liquor act, tobacco act, proactive and reactive fire measures, emergency medical measures, access and egress control, and emergency evacuation procedures.

Events that are categorised as medium or high risk, then the lead times change, and the process, here the whole process is lead by a – SAPS – Police member, who gets appointed as an authorised member, he/she must convene a VOC – Venue Operations Committee – whose task it is to establish the event’s safety and security planning committee for such an event.

This committee will consist of various stakeholders, including, amongst others, the authorised member, the stadium or venue owner, the event organiser, an emergency service provider, a health and medical service provider and a security service provider, Metro Police, Emergency and Disaster management Rep, Fire Codes, and EMS, and whoever gets co-opted.

I want to host a March, Picket or Gather

 

Definitions in the Gatherings Act, act 205 of 1993

 

“Gathering” means any assembly, concourse or procession of more than 15 persons in or on any public road as defined in the Road Traffic Act, 1989 (Act No.29 of 1989), or any other public place or premises wholly or partly open to the air

It is considered a gathering, picket or march when;

  1. It has to be 15 or more people – in one place with a common cause
  2. It has to be a public road; as defined in NRTA (National Road Traffic Act) – so it will include; any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access,

And includes;

(a) the verge of any such road, street or thoroughfare;

(b) any bridge, ferry or drift traversed by any such road, street or thoroughfare; and

(c) any other work or object forming part of or connected with or belonging to

such road, street or thoroughfare

  1. Any public place;
    1. Or premises; refers to; grounds, parks, buildings, parking areas etc.
    2. b.    Open to air or partly open to air;

Then it’s a gathering if either one or both of these stipulations are satisfied;

(a) At which the principles, policy, actions or failure to act of any government, political party or political organization, whether or not that party or organization is registered in terms of any applicable law, are discussed, attacked, criticized, promoted or propagated; or

  1. The gathering is aimed at, government, or a political party; who fails to act, apply principles or policy…

(b) Held to form pressure groups, to hand over petitions to any person, or to mobilize or demonstrate support for or opposition to the views, principles, policy, actions or omissions of any person or body of persons or institution. Including any government, administration or governmental institution,

  1. The reason behind this gathering is to form pressure groups, hand over petitions, to mobilise or to demonstrate
  2. It now extends also to; persons or body of persons, or institutions including point 4 (government or a political party), trade unions, activists, etc…whoever want to exercise their rights to Assembly, demonstration, picket and petition.

What is an “illegal gathering”; the act refers to it as a prohibited gathering?

5. (1) When credible information on oath is brought to the attention of a responsible officer that there is a threat that a proposed gathering will result in serious disruption of vehicular or pedestrian traffic, injury to participants in the gathering or other persons, or extensive damage to property, and that the Police and the traffic officers in question will not be able to contain this threat, he shall forthwith meet or, if time does not allow it, consult with the convener and the authorized member, if possible, and any other person with whom, he believes, he should meet or consult, including the representatives of any peace committee or police community consultative forum in order to consider the prohibition of the gathering.

(2) If, after the meeting or consultation referred to in subsection

(1), the responsible officer is on reasonable grounds convinced that no amendment contemplated in section 4(2) and no condition contemplated in section 4(4)(b) would prevent the occurrence of any of the circumstances contemplated in subsection (1), he may prohibit the proposed gathering.

(3) If the responsible officer decides to prohibit the gathering, he shall in a manner contemplated in section 4(5) (a), notify the convener, authorized member and every other person with whom he has so met or consulted, of the decision and the reasons therefore.

When is it not/ no longer a gathering?

  1. When it’s not on a public road or space as described in the definition of the act – on private premises
  2. When there is no common cause to exercise their rights to assemble, demonstrate, picket and petition; like children playing on a playground, people doing sport, a walk club…walking in the road.
  3. When it’s not conducted in an orderly harmonious and peaceful fashion, or becomes disruptive, or when people are armed, (traditional weapons, wear disguises, carrying rocks, carrying firearms) threaten with violence, become violent, disrupt traffic or services or enter any building, destruct property, intimidate people, commit any offence… etc. then it is normally public violence, (a riot.)  (Section 17 of the SA Constitution; Assembly, demonstration, picket and petition. Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.)

GENERAL EVENTS

  1. All (any) organisers of general events; of events, that also includes sports and recreation must perform the basics of any event, then test their events to see if it falls under this act, the basic criteria you can find here;  the criteria that informs them.

 

Now – Read the book or Ebook; Read more in my new book Strategic Management, The Radical Revolutionary Strategic Management Matrix for Predators by Reinier Geel, now available at all these stores…

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