- Government
Gazette 14920
-
STATE
PRESIDENT'S
OFFICE No.
1160.
-
2
July
1993
-
- It
is hereby
notified
that the
State
President has
assented
the following
Act
which is
hereby
published
for
general
information:-
-
- No.
88 of
1993:
Boxing
and
Wrestling
Control
Amendment
Act,
1993.
GENERAL
EXPLANATORY
NOTE:
-
Words
in bold
type
indicate omissions
from
existing
enactments.
Words in
italics
indicate
insertions
in existing
enactments.
-
ACT
-
- To
amend
the Boxing
and
Wrestling Control
Act, 1954,
so as
to define
or further
define certain
expressions
and
to delete
certain
definitions;
to
-
change
the
name
of the
South
African National
Boxing Control
Board
to the
South
African
National
Boxing Control
Commission;
to alter
the
constitution
of the
said Commission;
to make
other
provision
for the
tenure
of office
of appointed
members
of the
Commission;
to make
further provision
in respect
of meetings
of the
Commission
and
the
quorum
for
such meetings;
to extend
the power
of the
Minister
to make
regulations;
to change
the
designation
provincial boxing
control
board to
provincial
boxing
control
commission;
-
and
to alter
the constitution
of provincial
commissions;
and to
provide for
matters
connected
therewith.
-
- (Afrikaans
text
signed by
the State
President.)
(Assented
to 23
June
1993.)
-
- BE
IT ENACTED
by the
State President
and the
Parliament
of the
Republic of
South
Africa, as
follows:-
-
- Amendment
of section
1 of
Act 39
of 1954,
as amended
by section
1 of
Act 51
of 1973,
section
1 of
Act 62
of 1980
and section
1 of
Act
30 of
l988
-
- 1.
Section
1 of
the Boxing
and Wrestling
Control Act,
1954
(hereinafter
referred to
as the
principal
Act),
is
hereby
amended-
-
- (a)
by the
deletion
of the
definition
of "board";
-
- (b)
by the
insertion
before
the
definition
of "local
board"
of the
following
definitions:
-
- "
'commission'
means the
South
African
National
Boxing
Control
-
Commission
contemplated
in section
2;
-
- 'electoral
college'
means
an electoral
college
established
under
section 9;";
-
- (c)
by the
substitution
for the
definition
of "Minister"
of the
following
definition:
-
- "
'Minister'
means
the Minister
of National
Education
-
for
Sport;"
-
- (d)
by the
substitution
for the
definition
of "local
board"
of the
following
definition:
-
- "
'local
board commission'
means
a local
-
board
commission
established
under section
17,", and
-
- (e)
by the
substitution
for the
definition of
"provincial
board'
of the
following
definition:
-
- "
'provincial' board
commission'
means
a provincial
boxing control
board
commission
contemplated
in section
12;".
-
- Substitution
of section
2 of
Act 39
of 1954,
as substituted
by section
2 of
-
Act
30 of
l988
-
- 2.
The following
section
is
hereby
substituted
for
section 2
of the
principal
Act:
-
- "South
African National
Boxing Control
Commission
-
- 2.
The
board
body
corporate
established
by this
-
section
before
the
substitution
thereof
by section
2 of
the
Boxing
and
-
Wrestling
Control Amendment
Act,
1988 1993,
and known
as
-
the
South
African
National
Boxing
Control Board,
shall continue
to exist
and
to be
a corporate
body
and
shall be
known
as the
-
South
African
National
Boxing
Control
Commission.".
-
- Substitution
of section
4 of
Act 39
of 1954,
as substituted
by section
2 of
-
Act
51 of
1973
-
- 3.
The following
section
is
hereby
substituted
for
section 4
of the
principal
Act:
-
- "Constitution
of commission
-
- 4.
(1) The
commission
shall consist
of eleven
members
namely-
(a) (i)
a chairman;
-
(ii)
an additional
member;
-
- (iii)
one
medical
practitioner
as defined
in
section
1 of
the
-
Medical,
Dental and
Supplementary
Health Service
Professions
Act, 1974
(Act
No. 56
of 1974);
-
- (iv)
one
public
accountant as
defined
in section
1 of
the
Public
-
Accountants'
and
Auditors'
Act, 1991
(Act
No. 80
of 1991);and
-
- (v)
one
of the
following
persons,
namely-
-
- (aa)
a person
admitted
to
practice
as an
advocate
in
terms
of the
-
Admission
of
Advocates
Act, 1964
(Act No.
74 of
1964);
or
-
- (bb)
a person
admitted
to
practice
as an
attorney in
terms
of the
Attorneys
Act, 1979
(Act
No. 53
of 1979),
who
shall be
appointed
by
the
Minister:
Provided
that
the
Minister
shall appoint
these
five members
after
each
provincial
commission
has been
requested
in writing
by the
Minister
to nominate
-
two
persons in
respect of
each
appointment
referred to
in
-
subparagraphs
(i) to
(v): Provided
further
that
if within
the
period
stated in
the
request
by
the
Minister
to any
provincial
commission
concerned
to make
the
required
nominations,
such
provincial
commission
has failed
to lodge
such
nominations
with the
Minister,
the
Minister
may,
in making
the
appointment
in
respect
of
which
such nominations
have
not been
so lodged,
appoint
any
person
whom he
considers
suitable
to
be
a member
of
the
commission;
and
-
- (b)
the
chairman
of each
of the
six
provincial
commissions.
-
- (2)
Any
person
registered
in terms
of section
7 (c)
may
not be
a member
of the
commission.".
-
- Amendment
of section
5 of
Act 39
of 1954,
as
amended
by section
3 of
Act 51
of 1973
4 and
section
4 of
Act 30
of l988
-
- 4.
Section
5 of
the principal
Act is
hereby amended-
-
- (a)
by the
substitution
in subsection
(1) for
the words
preceding the
-
- proviso,
of the
following
words:
-
- "The
chairman
of the
board
commission
shall
hold of
-
office
for such
5 period,
and any
other
member
of the
board commission
referred
to in
section
4(1)(a)(ii)
to (v)
for such
period,
but
not exceeding
three years,
as the
Minister
may
determine
at the
time
of the
appointment:";
and
-
- (b)
by the
substitution
for paragraph
(e) of
subsection
(1) of
the following
paragraph:
-
- "
(e) if
he has
absented
himself
from
two consecutive
meetings
of the
board
commission
without its
leave;".
-
- Amendment
of section
6 of
Act 39
of 1954,
as
amended
by section
5 of
Act
30 of
l988
-
- 5.
Section
6 of
the principal
Act is
hereby amended-
-
(a)
by the
substitution
for subsection
(4) of
the
following subsection:
"(4) The
quorum
of a
meeting
of the
board
commission
-
shall
be
three
five
of
the
members
thereof.";
and
-
- (b)
by the
addition of
the following
subsection:
-
- "(6)
The
proceedings
of the
commission
shall
not
be invalid
only
by
reason
of
the
fact
that
a vacancy
exists on
such commission.".
-
- Amendment
of section
9 of
Act 39
of 1954,
as
amended
by section
4 of
Act
51 of
1973,
section
4 of
Act 62
of l980,
section
7 of
Act 30
of 1988
and
-
section
1 of
Act 134
of 1991
-
- 6.
Section
9 of
the principal
Act is
hereby amended
by the
insertion
after paragraph
(m)
of subsection
(1)
of the
following
paragraph:
-
- "(n)
the
establishment
and
functioning
of the
electoral
college
for a
provincial
commission,".
-
- Substitution
of section
12 of
Act
39 of
1954, as
substituted
by
section
9 of Act
30 of
1988 and
amended
by
section
2 of
Act
134 of
1991
-
- 7.
The following
section
is
hereby
substituted
for
section 12
of the
principal
Act:
-
- "Provincial
boxing
control
commissions
-
- 12.
(1) The
provincial
boxing control
board
established
for each
province
by this
section
before the
substitution
thereof
by section
-
9
7 of
the
Boxing
and
Wrestling
Control Amendment
Act,
-
1988
1993, shall
continue
to exist
as a
provincial
-
boxing
control
commission:
Provided
that
for the
province
of the
-
Cape
of Good
Hope
there
shall be
two
three
provincial boards
commissions
from such
date
and for
such
districts
as the
Minister
may
determine
by notice
in the
Gazette.
-
- (2)
The
members
of the
first board
commission
of each
additional
provincial
board
commission
established
after
-
the
commencement
of the
Boxing
and Wrestling
Control
Amendment
Act,
-
1991
1993,
in terms
of the
proviso to
subsection
(1) for
-
the
province of
the Cape
of Good
Hope,
shall be
appointed
by
the Minister
after
nominations
have
been submitted
to him
in the
manner
determined
in section
13(1) by
the provincial
board existing
at the
commencement
of the
said Act
for the
said province."
-
Substitution
of section
13 of
Act
39 of
1954, as
amended
by
section
5 of
Act
51 of
1973, section
5 of
Act 62
of 1980
and
section 3
of Act
134
of -
1991
-
- 8.
The following
section
is
hereby
substituted
for
section 13
of the
principal
Act:
-
- "Constitution
of provincial
commissions,
remuneration
of officials
and expenditure
-
- 13.
(1) A
provincial
commission
shall consist
of nine
members
appointed
by the
Minister,
namely-
-
(a)
(i) one
medical
practitioner
as defined
in section
1 of
the
-
Medical,
Dental and
Supplementary
Health Service
Professions
Act, 1974
(Act
No. 56
of 1974);
-
- (ii)
one
public
accountant as
defined
in section
1 of
the
Public
Accountants'
and
Auditors'
Act, 1991
(Act
No. 80
of 1991);
(iii) one
of the
following
persons,
namely-
-
- (aa)
a person
admitted
to
practice
as an
advocate
in
terms
of the
Admission
of
Advocates
Act, 1964
(Act No.
74 of
1964);
or
-
- (bb)
a person
admitted
to
practice
as an
attorney in
terms
of
the
Attorneys
Act, 1979
(Act
No. 53
of 1979);
and
-
- (iv)
two
additional
members:
-
- Provided
that the
Minister
shall at
his discretion
appoint
the said
-
- five
members
after the
electoral
college
of the
said
province
has submitted
to him
the
names
of three
persons
in respect
of
each
category
referred to
in
subparagraphs
(i), (ii)
and (iii),
and
of six
persons
in respect
of
the
additional
members
referred
to
in
subparagraph
(iv); and
-
- (b)
one
member to
represent each
of the
following
four
categories,
namely-
-
- (i)
boxers;
-
- (ii)
managers,
trainers
and
seconds;
(iii)
promoters
and
matchmakers;
-
(iv)
ring
announcers
and
ring
officials
(including
judges,
referees,
time
keepers
and
ring
masters):
-
- Provided
that
the
Minister
shall
appoint
such
four
members
after the
electoral
college
for the
province
concerned
has
been requested
in writing
by
the
Minister
to nominate
one
person
in respect
of each
category:
Provided
further
that if
within
the period
stated
by the
Minister
in his
request
to such
electoral
college
to make
the
required
nominations,
such electoral
college
has failed
to lodge
such nominations
with the
Minister, the
Minister
may, in
making
the appointments,
appoint
any person
whom
he considers
suitable
to be
a member
of that
provincial
commission.
-
- (2)
The
nominations
in
terms
of subsection
(1) shall
be
made
after
persons having
an interest
have
been
requested
by the
electoral
college in
an Afrikaans
and
an
English
newspaper
circulating
in
the area
of
-
that
provincial
commission
to
submit
to the
electoral
college
concerned
the names
of persons
for nomination
in the
different
categories.
-
- (3)
A member
of a
provincial
commission
shall
hold
office
for such
period,
but
not exceeding
three years,
as the
Minister
may
determine
at the
time
of his
appointment.
-
- (4)
The members
of
a provincial
commission
shall from
among their
number
elect a
person
to act
as chairman
of the
commission.
-
- (5)
Any
person
registered
in terms
of section
7(c) may
not
be a
member
of a
provincial
commission.
-
- (6)
The
remuneration
of the
secretary
and other
officials
of
a provincial
commission
and the
expenditure
incurred
by
a provincial
commission
with the
approval
of
the commission
for
the effective
performance
of the
functions
of the
provincial
commission,
shall
be paid
out
of the
funds of
the
commission.".
-
- Substitution
of section
14 of
Act
39 of
1954
-
- 9.
The following
section
is
hereby
substituted
for
section 14
of the
principal
Act:
-
- "Removal
from office,
vacancies,
remuneration
of members,
meetings
and
quorum
in respect
of provincial
commission
-
- 14.
The provisions
of sections
5 and
6 shall
mutatis
mutandis
apply to
a provincial
board
commission:
Provided that
any
-
payments
under section
5(3) shall
be made
out of
the funds
of the
-
board
commission.".
-
- Substitution
of expression
in Act
39 of
1954
-
- 10.
The principal
Act
is hereby
amended
by the
substitution
for the
expression "board",
wherever
it occurs,
of the
expression
"commission".
-
- Short
title
-
- 11.
This Act
shall be
called the
Boxing and
Wrestling
Control Amendment
-
Act,
1993.
|
