Comparative Analysis of Sport in Developed & Developing Countries Essay

NATIONAL UNIVERSITY OF LESOTHO FACULTY OF LAW A COMPARATIVE ANALYSIS OF THE LEGISLATIVE AND INSTITUTIONAL FRAMEWORK OF SPORT IN DEVELOPED AND DEVELOPING COUNTRIES: A POTENTIALLY EFFECTIVE MODEL FOR LESOTHO A DISSERTATION IN PART FULFILMENT OF A BACHELOR OF LAWS (LLB) DEGREE SUBMITTED BY PHELANE PHOMANE [APRIL 2009] NUL ROMA ACKNOWLEDGMENTS In acknowledging all the help, assistance and support I received in completing this dissertation I wish to first and foremost give to He what He deserves, exceptional thanks to You Gracious Lord God for being with me in the beginning, at dusk, in the middle when it was dawn and in the end when it was light.

I would like to thank my first God-given family to whom this dissertation is dedicated to beginning with them that raised me, my father, Lebusa Phomane and my mother, ‘Mathasi Phomane; I only hope that this paper meets your expectations. I thank my brother, Thasi, my sisters Keneiloe, Mamello, ‘Manthati and Mafoko; my only regret is that I cannot find any fitting words in any of the languages I speak to express my gratitude, love and respect. I thank my nieces Enda and Tumi; you are both the apples of my eye.

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I would also like to thank my second family, the sporting fraternity, which has raised, guided and baptized me by fire throughout the better part of my life. More especially Mr. Chabeli Mohatlane for introducing me to sport; your love has not and will never be forgotten. I thank the Executive Committee and staff of the Lesotho National Olympic Committee, more especially ‘Me ‘Matlohang and Mr. Mof , it would have never been the same without you.

Equally important and worthy of praise and thanks are members of the National University of Lesotho legal fraternity especially the staff of the Faculty of Law and members of the Student’s Law Society, which I have been proud to lead in my last years as a law student. In particular I would like to make mention of my supervisor for this piece of academic art, Ms. Mothepa Ndumo; thank you for being a perfectionist, it is not a bad thing at all. I would like to give thanks to all my friends, wonderful and dreadful alike, who are too many to mention individually; you are all special and dear to me.

I would, however, like 2 to make special mention of Thabo Makhakhe, my good friend and brother, may his blessed soul rest in peace. I also thank Las Vegas for being my home throughout the creation of this academic sculpture and the Vegas boys for adding extra zest to my life. Lastly I would like to thank the Basotho nation, and everything and everyone that has formed part of my living, breathing and growing environment. Let us all remember that life is for the living through both work and play.

Kea leboha. 3 ABSTRACT In any given country, the general structure of the administration of sport affects the individual administration of sport, that is, sports code specific administration. Therefore, flaws in the general structure of sport necessarily and ipso facto affect the individual administration of sport. This study will attempt to cure defects in the legislative and institutional framework of sport in Lesotho through examining the frameworks in developed and developing countries.

This will be done with the objective of creating a potentially effective model for the general structure of the administration of sport in Lesotho. 4 LIST OF ABBREVIATIONS AFSA ANZLSLA AOC APC ASC ASCA BOA CAS CGF GOL IF IOC LNOC LSC LSCO LSRA LSRC MOGYSR NF NOC NPDSR PPCSR SASC SASCOC SRSA WADA ZOC ZSRC Arbitration Foundation of Southern Africa Australian and New Zealand Sports Law Association Australian Olympic Committee Australian Paralympic Committee Australian Sports Commission Australian Sports Commission Act No. 2 of 1989 British Olympic Association Court of Arbitration for Sport Commonwealth Games Federation Government of Lesotho International Sports Federation International Olympic Committee Lesotho National Olympic Committee Lesotho Sports Council Lesotho Sports Council Order No. 41 of 1970 Lesotho Sport and Recreation Act No. 5 of 2002 Lesotho Sport and Recreation Commission Ministry of Gender and Youth, Sport and Recreation National Sports Federation National Olympic Committee National Policy Document on Sport and Recreation Parliamentary Portfolio Committee on Sport & Recreation South African Sports Commission South African Sports Confederation & Olympic Committee Sport and Recreation South Africa World Anti-Doping Agency Zimbabwe Olympic Committee Zimbabwe Sport and Recreation Commission 5 TABLE OF CONTENTS

ACKNOWLEDGMENTS ……………………………………………………………………………………………………………………. 2 ABSTRACT ……………………………………………………………………………………………………………………………………….. 4 LIST OF ABBREVIATIONS ………………………………………………………………………………………………………………. 5 CHAPTER

ONE………………………………………………………………………………………………………………………………… 8 1. A BACKGROUND TO THE ORGANIZATION OF SPORT IN LESOTHO ……………………………………… 8 1. 1 INTRODUCTION ………………………………………………………………………………………………………………………… 8 1. 2 HISTORICAL BACKGROUND OF LESOTHO SPORT ……………………………………………………………… 0 CHAPTER TWO …………………………………………………………………………………………………………………………….. 16 2. THE INTERNATIONAL ORGANIZATION OF SPORT &…………………………………………………………….. 16 THE OLYMPIC MOVEMENT ………………………………………………………………………………………………………….. 16 2. 1 INTRODUCTION ………………………………………………………………………………………………………………………. 6 2. 2 THE INTERNATIONAL OLYMPIC COMMITTEE ……………………………………………………………………. 17 2. 2. 1 MEMBERSHIP …………………………………………………………………………………………………………………….. 18 2. 2. 2 THE SESSION ……………………………………………………………………………………………………………………… 19 2. 2. 3 THE EXECUTIVE BOARD ………………………………………………………………………………………………….. 9 2. 2. 4 IOC COMMISSIONS AND WORKING GROUPS …………………………………………………………………. 20 2. 2. 5 ADMINISTRATION …………………………………………………………………………………………………………….. 23 2. 3 THE NATIONAL OLYMPIC COMMITTEES ………………………………………………………………….. …………. 23 2. 4 INTERNATIONAL FEDERATIONS ………………………………………………………………………………………….. 25 2. OTHER ORGANIZATIONS ……………………………………………………………………………………………………….. 26 2. 5. 1 THE COURT OF ARBITRATION FOR SPORT …………………………………………………………………….. 26 2. 5. 2 THE WORLD ANTI-DOPING AGENCY………………………………………………………………………………. 28 CHAPTER THREE …………………………………………………………………………………………………………………………. 0 3. THE LEGISLATIVE & INSTITUTIONAL FRAMEWORK OF SPORT IN DEVELOPED COUNTRIES: AUSTRALIA & ENGLAND ………………………………………………………………………………………. 30 3. 1 SPORT IN AUSTRALIA ………………………………………………………………………………………………………….. 30 3. 1. 1 THE AUSTRALIAN SPORTS COMMISSION ………………………………………………………………………. 31 3. 1. 1. ORGANIZATION AND STRUCTURE …………………………………………………………………………….. 33 3. 1. 2 THE AUSTRALIAN OLYMPIC COMMITTEE …………………………………………………………………….. 33 3. 1. 3 ASC SPORT DISPUTE RESOLUTION …………………………………………………………………………………. 35 3. 2 SPORT IN ENGLAND ………………………………………………………………………………………………………………… 36 3. 2. SPORT ENGLAND ………………………………………………………………………………………………………………. 36 3. 2. 2 THE BRITISH OLYMPIC ASSOCIATION……………………………………………………………………………. 38 3. 2. 3 THE SPORT DISPUTES RESOLUTION PANEL ………………………………………………………………….. 39 CHAPTER FOUR ……………………………………………………………………………………………………………………………. 1 4. THE LEGISLATIVE & INSTITUTIONAL FRAMEWORK OF SPORT IN DEVELOPING COUNTRIES:……………………………………………………………………………………………………………………………………. 41 SOUTH AFRICA & ZIMBABWE ……………………………………………………………………………………………………… 41 4. 1 SPORT IN SOUTH AFRICA ……………………………………………………………………………………………………….. 41 4. 1. SPORT & RECREATION SOUTH AFRICA ………………………………………………………………………….. 43 6 4. 1. 3 THE SOUTH AFRICAN SPORTS CONFEDERATION AND OLYMPIC COMMITTEE ………… 45 4. 1. 4 SPORT DISPUTE RESOLUTION …………………………………………………………………………………………. 46 4. 2 SPORT IN ZIMBABWE ………………………………………………………………………………………………………………. 49 4. 2. 1 ZIMBABWE SPORTS AND RECREATION COMMISSION…………………………………………………. 9 4. 2. 2 ZIMBABWE OLYMPIC COMMITTEE ………………………………………………………………………………… 50 CHAPTER FIVE……………………………………………………………………………………………………………………………… 53 5. THE GOLDEN MEAN: A POTENTIALLY EFFECTIVE MODEL FOR LESOTHO……………………….. 53 BIBLIOGRAPHY ……………………………………………………………………………………………………………………………… 61 7

CHAPTER ONE 1. A BACKGROUND TO THE ORGANIZATION OF SPORT IN LESOTHO 1. 1 INTRODUCTION Sport in Lesotho is governed by the Lesotho Sport and Recreation Act1 (hereinafter referred to as the LSRA). The LSRA2 provides for the mother bodies in the administration of sport and further provides that: For the proper and effective administration and supervision of sport and recreation in Lesotho, sport and recreation shall be managed, administered and controlled by the Department [of sport] and the [Lesotho Sports and Recreation] Commission as set out in this Act. However six years after the adoption of this legislation, can sport in Lesotho be said to be properly administered and effective? The writer’s basic proposition is that it is not. The writer proposes that the LSRA4 is merely a locum tenens or substitute for the Lesotho Sports Council established by the Lesotho Sports Council Order5 (hereinafter referred to as the LSCO). The basis for this regrettable proposition is the fact that the Kingdom of Lesotho’s performance and development in the field of sport6 is no more different or better than it was in the three or so odd decades before the adoption of the LSRA. Indeed, in the four decades that Lesotho has participated in sport, there does not appear to be any form of development or progress in the field of sport as envisaged under the current legislative and structural or institutional framework. Such progress and development can be measured 1 2 Lesotho Sport and Recreation Act No. 15 2002 ibid 3 Section 3(1) 4 ibid 5 Lesotho Sports Council Order No. 41 1970 6 For purposes of this study sport will be used to refer to and include recreation 7 ibid 8 hrough international sports rankings, domestic participation in sport and recreation and overall performance in major sporting competitions such as the Olympic Games. It is proposed that the general structure of sport administration affects the individual administration of sport, that is, code specific administration, which means that flaws in the general administration of sport are bound to affect the effective administration of specific sports codes. The writer further proposes that this shortcoming is a result of a defective legislative, and therefore, institutional framework for the administration of sport provided for by the LSRA. The writer will therefore investigate, examine and critically analyse the legislative and institutional frameworks of some of the best sporting jurisdictions and some of those fast-becoming the best. The writer will then attempt to design and develop a potentially effective legislative and institutional framework for the management and administration of sport and recreation in Lesotho. Nonetheless, inasmuch as it cannot be denied that the world as a whole is composed of different facets and lineaments, such investigations and examinations will not be carried out oblivious of Lesotho’s economic and political foundation and background.

Nor will such aspects form the sole basis of such investigations and examinations. The writer will examine two structures from the developed world and two structures from the developing world namely, England and Australia, and South Africa and Zimbabwe, respectively. The presumption is that the reason these particular countries perform well in elite competitions is because of their advanced legislative and institutional sports structures. England was ranked fourth in the Beijing 2008 Olympic Games and won a total of one hundred and thirteen medals at the Melbourne 2006 Commonwealth Games.

In the same vein, Australia was ranked fifth in the Beijing 2008 Olympic Games and won a total of two hundred and twenty one medals at the Melbourne 2006 Commonwealth Games. In the developing world, South Africa though ranked sixty-fourth in the Beijing 2008 Olympic Games and winning only thirty-eight medals at the Melbourne 2006 Commonwealth Games, has one of the most advanced sports legislative and institutional frameworks on the African continent. 8 Op cit n. 1 9 Similarly, Zimbabwe, with very limited resources and international isolation managed to rank forty-fourth in the Beijing 2008 Olympic Games. On the other hand it will equally be important to go over Lesotho’s historical and current legislative and institutional framework for the governance of sport, its successes and failures and its major shortcomings. 1. 2 HISTORICAL BACKGROUND OF LESOTHO SPORT Basotho are inherently a sports loving and competitive people. Their love for sport and competition can be evidenced in their large attendance of sporting activities, both cultural and otherwise. Inasmuch as the history of Lesotho sport is relatively infantile, it will nonetheless assist in putting Lesotho sport into perspective.

The beginning of sport in Lesotho can be traced back to the colonial era when sport in Lesotho was loosely managed and administered by the Lesotho Sports Association which was registered as a society with the Registrar of Deeds. 10 The Lesotho Sports Association was replaced after independence when in 1970, the LSCO11 came into operation. The LSCO12 provided for the first umbrella body that would be responsible for overseeing and administering sport generally by establishing the Lesotho Sports Council (hereinafter referred to as the Council). 3 Other functions of the Council included disbursing funds from government and acting as an arbiter in sports related disputes. The Council also served as the National Olympic Committee and the Commonwealth Games Association from 1972. 14 This allowed Lesotho to participate in its first Olympic Games in 1972 held at Munich, Germany and later the Commonwealth Games in 1974. It is during this period that sport specific administration bodies were established. These sport specific bodies were required to register, affiliate and subscribe to the Council which 9 ww. nytimes. com/pages/olympics2008 (accessed 12/11/08) Section 5(1) Lesotho Sports Council Order 1970 11 ibid 12 ibid 13 Preamble 14 Presentation by President of the Lesotho National Olympic Committee, Mrs. ‘Matlohang MoiloaRamoqopo, before a joint forum for all sports stake-holders, 17th September 2008. 10 10 would in turn provide funding and overall guidance for the proper administration of sport. 15 The sport specific bodies had, nevertheless, unqualified power insofar as the exigencies of that particular sport code required.

Since the Council served as both the National Olympic Committee and arm of government responsible for the administration of sport, it received funding from both the International Olympic Committee, through Olympic Solidarity, 16 and the Government of Lesotho. 17 This modus operandi continued as usual up until 1992 when, after mounting pressure from the International Olympic Committee, it was decided that the National Olympic Committee should be separate from Government to avoid any undue political manipulation of sport and its administration. 8 Indeed, the Olympic Charter19 expressly precludes any form of influence whether political, legal, religious or economic that would prevent a National Olympic Committee from complying with its obligations to the International Olympic Committee under the Charter. 20 This resulted in the formation of the Lesotho National Olympic Committee (hereinafter referred to as the LNOC) in 1993 which also doubled as the Commonwealth Games Association of Lesotho.

The LNOC was in essence responsible for organizing and preparing athletes to participate in both the Olympic Games and the Commonwealth Games through training grants and scholarships from the International Olympic Committee. 21 The scope of the LNOC’s functions has, however, expanded and grown over the years to include the fields of talent identification, development-through-sport initiatives, sport-for-all programmes, Olympic education programmes which include sports medicine, physical education, sports law, environmental protection through sport, coach development and training and sports 5 16 Section 3 Lesotho Sports Council Order 1970 Jackson R. (Ed. ) IOC Sports Administration Manual p. 76 17 Op cit n. 9 18 Interview with Mr. Mofihli Makoele, Secretary General of the Lesotho National Olympic Committee, 10 th November 2008. 19 Olympic Charter 2007, Rule 28. 6. The Olympic Charter is the constitutive instrument of the International Olympic Committee and is the supreme law governing all National Olympic Committees. 20 ibid 21 Rule 5 Olympic Charter 2007 11 administration and management training. 2 However, the formation of this body was not followed by adequate support from the Government of Lesotho as it was neither a government agency nor a para-statal. It could be concluded that the very same economic pressure that was being avoided when it was formed could still be evident from the gradual decrease in financial assistance. 23 All such funding received was for administrative and running costs and excluded funding for participation in the Olympic and Commonwealth Games. Another development in the structure of sport was introduced in 2002 with the promulgation of the LSRA. 4 This Act sought to replace the archaic LSCO25 and was meant to “…make provision for the management, administration and development of sport and recreation and for connected purposes. ”26 The LSRA27 outlines the functions and responsibilities of the Department of Sport (hereinafter referred to as the Department) under the Ministry of Tourism, Sports and Culture. This Ministry has since been restructured into the Ministry of Gender and Youth, Sport and Recreation (hereinafter referred to as the MOGYSR).

The Act mandates the Department to manage, administer and control sport and recreation with the Lesotho Sports and Recreation Commission28 (hereinafter referred to as the Commission) which acts as a middle-man between the Department and the National Sports Federations. The Commission in essence serves as a mother-body for the administration of sport side by side with the Lesotho National Olympic Committee and replaces the Lesotho Sports Council. 29 The structure of sport in Lesotho can therefore be summarized with the organogram below: 22 Presentation by Secretary-General of the Lesotho National Olympic Committee, Mr.

Mofihli Makoele, at a joint forum for all sports stake-holders, 17th September 2008. 23 Op cit n. 9. To demonstrate, in 1993, the LNOC received a Government subvention of M4. 5 million, in 1996 it received M250. 000, in 2002 it received M69. 000, in 2005 it received M100. 000 and in the period of 2006-2008 it received no funding. 24 Lesotho Sports and Recreation Act 2002 25 Op cit n. 7 26 Preamble of the Lesotho Sport and Recreation Act 2002 27 Op cit n. 17 28 ibid, Section 3(1); The Lesotho Sport and Recreation Commission established by Section 5 of the same Act 29 ibid, Section 34 2 Figure 1 SPORT DOMESTIC INTERNATIONAL MOGYSR IOC/CGF DEPARTMENT OF SPORT INTERNATIONAL SPORTS FEDERATIONS LSRC LNOC NATIONAL SPORTS FEDERATIONS CLUBS/TEAMS Figure 1 above illustrates the relationship between the International Olympic Committee (IOC), the Commonwealth Games Federation (CGF), the Lesotho National Olympic Committee (LNOC) and the Lesotho Sports and Recreation Commission (LSRC). As stated earlier, the organogram illustrates the interdependence and inter-relationship between the concerned bodies in sport.

It is, as earlier proposed, this relationship which is to a large extent to blame for Lesotho’s failures in sport. On the one hand the structure is comprised of the Department of Sport and the Commission which are creatures of statute,30 the functions and powers of which are stipulated in the LSRA,31 and some of which are similar to those outlined in the repealed LSCO. 32 Each 30 31 Op cit n. 17 ibid 13 entity has had minimal and an almost unnoticeable degree of success with apparent clashes between the two in as far as duties, funding and mandates are concerned. 3 Reminiscent of the Lesotho Sports Council, the Commission has so far failed to discharge a significant portion of its mandate. 34 Not only has it failed to discharge this statutory mandate, it has also failed to develop a worthwhile working relationship with the Lesotho National Olympic Committee in as far as establishing general policies for the development of national and international sports and related matters. On the other hand the Lesotho National Olympic Committee is according to law, a mere shadow in the overall structure of sport.

The LSRA35 only mentions the LNOC once when providing for the Commission’s membership. 36 It makes no mention of the role to be played by the LNOC, its duties or powers or the level of cooperation which it must have with the Commission. Inasmuch as the Charter37 precludes any form of political or legal influence that would prevent a National Olympic Committee from complying with the principles and resolutions of the IOC,38 this lack of recognition in the eyes of the law has led to a belief that the Commission is the more superior body than the LNOC which unsurprisingly believes otherwise.

Cooperation between the two bodies and between the LNOC and the Department is therefore minimal. The LNOC on its own has nevertheless succeeded in some areas in providing what the Commission has failed to provide in as far as leadership and guidance of national and international sport is concerned with limited resources. 39 In the past eight years, not only has the LNOC solely and successfully carried out the duties and functions of the Commission as set out in the LSRA,40 it has also exceeded the scope of its mandate 32 33 Op cit n. 7 The Sports Page, LSRC Lambasts Ministry Public Eye Newspaper, 26th September 2008 34 op cit n. 7, Section 6 35 ibid 36 ibid, Section 8. 1(iv) 37 op cit n. 19 38 Rule 28. 6 39 op cit n. 16 40 op cit n. 17, Section 6 14 and filled a void not foreseen or provided for under the LSRA41 as can be seen in its advanced structure and development policies. 42 The problems of the organization of sport in Lesotho are therefore a lack of structural cohesion in administration leading to a duplication of responsibilities or lack thereof, a glaring inadequacy in legislative guidance and regulation of sport and an extreme misdirection of financial resources.

What then is the best means of running sport in Lesotho in light of the intentions of the legislature and international modus operandi and trends? An examination of other sports jurisdictions would perhaps be of assistance in this regard. However, before such an examination is undertaken, an analysis of the international organization of sport will be made in order to put into perspective the domestic organization of sport in the subject jurisdictions. 41 42 ibid op cit n. 20 15 CHAPTER TWO 2. THE INTERNATIONAL ORGANIZATION OF SPORT & THE OLYMPIC MOVEMENT 2. INTRODUCTION One of the main purposes, and indeed benefits, of sport is the promotion of universal social and cultural mores in the public arena, both international and domestic. Most importantly, this includes the creation of national and international prestige and a platform for international exchange. 43 The domestic organization of sports is therefore inextricably linked to the international organization of sport. This Chapter will explore this phenomenon in light of the main international establishment in the administration of sport, that is, the Olympic Movement under the International Olympic Committee.

Inasmuch as there are other regimes in the international administration of sport such as the Commonwealth Games regime; the Francophone Games regime; the World University Games regime and the World Games regime, none has proved to be as broad, universal and successful as the Olympic Movement. 44 The Olympic Movement was first formally established in 1894 by Baron Pierre de Coubertin in Paris, France as a result of his campaign to include physical education in France’s national education curriculum. 5 The Olympic Movement is a result of the cooperation of two hundred and two National Olympic Committee’s (NOCs), sixty four International Federations (IFs), the International Olympic Committee (IOC) and other organizations. These entities cooperate as such to promote the Olympic Games and ideals which are broadly based on the activity of sport and play to enhance human development and international understanding. 46 In addition to these, the Olympic Movement encompasses the Organizing Committees of the Olympic Games, clubs, athletes and other 43 44

R. Jackson (Ed. ) IOC Sport Administration Manual p. 23 Ibid, p. 61. The Movement had 202 Nations competing in the Athens edition of the Olympic Games in 2004. 45 Ibid, p. 21 46 Ibid, p. 29 16 bodies and persons whose interests constitute a fundamental element of the Olympic Movement’s goals. Not only do these goals include sports development and competition, but also include blending culture with education, placing sport at the service of humanity, using sport to promote friendship, understanding, tolerance, solidarity and fair play. 7 The IOC, NOCs and IFs constitute the Olympic Movement and in this context the regime under which sport is organised internationally. The IOC, NOCs and IFs are in turn governed by the Olympic Charter (hereinafter referred to as the Charter)48 which serves as the legal framework under which international sport is administered. 2. 2 THE INTERNATIONAL OLYMPIC COMMITTEE The International Olympic Committee (IOC) was established by Rule 2 of the Charter49 during the International Congress held in France in 1894. 0 The IOC is a nongovernmental, not-for-profit organization, of unlimited duration, in the form of an association with the status of a legal person and is recognized as such by the Swiss Federal Council in accordance with an agreement entered into on 1st November 2000. 51 The IOC’s headquarters are based in Lausanne, Switzerland which is known as the Olympic Capital. The IOC is the supreme authority of the Olympic Movement and is composed of a General Assembly known as the Session, an Executive Board and its Commissions and Working Groups.

The IOC’s objective is to fulfil the mission, role and responsibilities as assigned to it by the Charter. 52 These responsibilities include encouraging and supporting the organization, development and coordination of sport and sports competitions and ensuring the regular celebration of the Olympic Games. 53 The IOC cooperates with the competent public or private organizations and authorities, both domestic and otherwise, in the endeavour to promote peace through sport and encourage and support the promotion of 47 48 Ibid, p. 30 Olympic Charter 2007 49 ibid 50 Op cit n. 43, p. 29 51 Rule 15. , 52 op cit n. 48 53 Rule 19. 3 17 women in sport at all levels. 54 Furthermore, the IOC encourages and supports the efforts of sports organizations and public authorities to provide for the social and professional future of athletes and also encourages and supports the development of sport for all. 55 2. 2. 1 MEMBERSHIP The members of the IOC are elected by a Nominations Commission which is chosen by the IOC Session for a term of four years and is comprised of three members of the IOC General Assembly, three members of the IOC Ethics Commission and another member from the IOC Athletes Commission. 6 The Nominations Commission elects persons for IOC membership in accordance with the Charter. 57 Persons elected must be nationals of a country in which they are domiciled and in which there is a recognized National Olympic Committee. 58 Persons elected into the IOC are elected for a renewable eight-year term but must however retire before they reach the age of eighty if elected before 1999 or seventy if elected afterwards. 59 Members of the IOC serve as its representatives in their individual countries and do not represent their countries in the IOC. 0 Total membership of the IOC may not exceed one hundred and thirty and is constituted by seventy individuals,61 fifteen Olympic Athletes,62 fifteen Presidents of International Sports Federations (IFs),63 fifteen Presidents of National Olympic Committees (NOCs)64 and twenty Honorary Members65 who do not however have the right to vote but have the right to advise the President and the IOC. 66 54 55 ibid Rule 2 56 Bye-Law 2. 3 to Rule 16 57 Bye-Law 1 and 2 of Rule 16 58 Rule 16. 1 59 Rule 16. 1. 7,16. 3. 3; op cit n. 43, p. 32 60 Rule 16. 1. read with Rule 16. 1. 5 61 Bye-Law 2. 2. 5 to Rule 16 62 Bye-Law 2. 2. 2 to Rule 16 63 Bye-Law 2. 2. 3 to Rule 16 64 Bye-Law 2. 2. 4 to Rule 16 65 Rule 16. 4 66 www. olympic. org/members (accessed 30/12/2008) 18 2. 2. 2 THE SESSION The Session is the General Assembly of the International Olympic Committee which meets at least once a year and is the supreme organ of the International Olympic Committee. 67 An extraordinary meeting or session may however be called by the President or upon request by at least one third of the total membership. 8 The powers of the Session include amending the Charter;69 electing the host city of the Olympic Games; approving the annual report and accounts of the IOC; appointing the IOC’s auditors; deciding on the awarding or withdrawal by the IOC of full recognition of NOCs, IFs and other organizations and expelling IOC members. Furthermore the Session has the power to withdraw the status of Honorary President, honour members and honorary members and the power to resolve and decide upon all other matters assigned to it by law or by the Charter. 70

The decisions of the Session are by simple majority and quorum of the Session is formed by half of the total membership plus one. 71 Each member has one vote which may not be exercised by proxy and in the event of a tie the Chairman of the Session shall have a casting vote. 72 The Session also has the power to delegate powers to the Executive Board. 73 2. 2. 3 THE EXECUTIVE BOARD The Executive Board is the executive arm of the International Olympic Committee and consists of the President, four vice-presidents and ten additional members elected by the Session by majority vote through secret ballot. 4 The vice-presidents and ten additional members serve a four-year term renewable once at the end of the Session during which they were elected. 75 If elected into office for two consecutive terms, they may only be eligible for re-election after a minimum period of two-years. 76 The President on the other 67 68 Rule 18. 1 ibid 69 Op cit n. 48 70 Rule 18. 2 71 Rule 18. 3 72 Rule 18. 4 73 Rule 18. 6 74 Rule 19. 2. 1 75 Rule 19. 2. 2 76 Rule 19. 2. 3 19 hand, serves an eight-year term and is eligible to serve a four-year term if re-elected. 7 The President may take any decision on behalf of the IOC if the Session or the Executive Board is unable to do so. Such decision is binding on the IOC but must be submitted to the competent organ promptly for ratification. 78 The Executive Board manages all the IOC’s affairs by ensuring the observance of the Charter,79 controlling the administration and organizational structure and approving the annual budget. 80 The Board has the duty to establish an annual report which includes annual accounts, which it submits to the Session, together with the auditors’ report. 1 The Board establishes and supervises the procedure for accepting and selecting candidatures to organize the Olympic Games and takes all decisions and issues regulations of the IOC, which are legally binding to ensure the proper implementation of the Charter82 and the organization of the Olympic Games. 83 All major decisions must still however be proposed to the Session for approval. The Executive Board meets four to five times a year but may delegate its powers to any one of its members, IOC Commissions, any members f the IOC administration, entities or third persons. 84 2. 2. 4 IOC COMMISSIONS AND WORKING GROUPS The IOC Commissions and Working Groups (ad hoc and otherwise) are created by the Executive Board or the President to advise the Session. 85 Except where expressly provided for by the Charter, the President defines their activities and the duration of their mandate 77 78 Rule 20. 4 Rule 20. 3 79 op cit n. 49 80 op cit n. 56 81 Rule 16. 3. 3 82 op cit n. 49 83 op cit n. 56 84 Rule 19. 4; www. olympic. org/eb (accessed 30/12/2008) 85 Rule 21 20 nd remains an ex officio member of such Commissions. 86 Such Commissions include but are not limited to the following: 1. The Athletes Commission87 is the link between active athletes and the International Olympic Committee (IOC). It is composed of active and retired athletes, holds at least one meeting each year and meets regularly with the IOC Executive Board, to which it issues recommendations. Furthermore, the Commission forms working groups to work in liaison with the Organizing Committees of the Olympic Games to ensure that the athletes’ needs are met. 2.

The Culture ; Education Commission88 advises the IOC Executive Board on what policy the IOC and the Olympic Movement should adopt in terms of the promotion of culture and Olympic education and supports the IOC programmes and activities in this field. 3. The Ethics Commission89 was created in 1999 by the Executive Board of the IOC. This independent Commission is made up of nine members. Its mission is to be the guardian of the ethical principles of the Olympic Movement as set out in the Charter and the Code of Ethics and makes recommendations to the IOC Executive Board and Session. . The Finance Commission90 supports the Executive Board of the International Olympic Committee (IOC) to safeguard the continuity of the IOC and the Olympic Movement’s activities through the efficient management of its financial resources. 5. The International Relations Commission91 was established in 2002, with a mandate to facilitate and promote the relationship between the Olympic Movement, particularly the International Olympic Committee (IOC) and National Olympic Committees (NOCs), and governments and public authorities. This 86 87 Rule 21 Rule 21. 1 88 op cit n. 43 89 Rule 21. 90 op cit n. 43 91 ibid 21 Commission uses the network of relations and expertise of its members, who have all had, or currently hold, a political function in their respective country or region at different levels, to strengthen existing dialogue and cooperation, and to contribute to resolving conflicts when possible. Although independent and autonomous, the IOC, NOCs and IFs have worked for the establishment of strong partnerships with governments to ensure the coherent and long-term development of sport world-wide. 6. The Juridical Commission92 was created in 1974.

Its work includes providing legal opinions to the IOC President, the IOC Executive Board and the IOC Session, upon their request, on issues relating to the exercise of their respective competencies. This Commission provides preliminary opinions concerning draft amendments to the Charter and considers actions or defences concerning the IOC. It carries out studies of a legal nature on issues which may affect the interests of the IOC and performs any other tasks of a legal nature entrusted to it by the IOC President, the IOC Executive Board or the IOC Session.

The work of this Commission is privileged and confidential. 7. The Sport and Law Commission93 was created in 1996 to provide a forum for the discussion of current legal issues generally affecting the different organizations which make up the Olympic Movement, including the IOC, the International Federations and the National Olympic Committees. 8. The Sport for All Commission94 encourages the promotion of the Sport for All Movement in collaboration with the World Sport for All Congresses, organised every two years.

This event provides an ideal forum for exchanging ideas and experiences in the field of Sport for All at an international level. 9. The Women and Sport Working Group95 was established in 1995 by the IOC President to advise the Executive Board on suitable policies to be implemented in this field. It became a fully fledged commission in March 2004. It is a consultative body composed of members from the three components of the 92 93 op cit n. 43 ibid 94 ibid 95 ibid 22 Olympic Movement (the IOC, IFs and NOCs), representatives of the athletes and the International Paralympic Committee, and independent members.

On the basis of its recommendations, an action programme is developed and implemented by the IOC through its International Cooperation and Development Department. 10. The Olympic Solidarity Working Group96 is the body responsible for managing and administering the share of the television rights of the Olympic Games that is allocated to the National Olympic Committees (NOCs). It exercises this responsibility in accordance with the specific programmes of technical and financial assistance approved by the Olympic Solidarity Commission.

It assists the NOCs and the Continental Associations with their efforts for the development of sport through programmes carefully devised to match their specific needs and priorities. It can be concluded that these Commissions constitute and facilitate the core business and specific strategies of the Olympic Movement. 97 2. 2. 5 ADMINISTRATION The President has the power to appoint a Director General who is in charge of the overall administration of the International Olympic Committee.

The Director General is assisted in his duties by other Directors in charge of various departments which serve as Secretariats of the various Working Groups and Commissions. These Directors and Departments are employed and based at the headquarters of the International Olympic Committee in Lausanne, Switzerland. 98 2. 3 THE NATIONAL OLYMPIC COMMITTEES All National Olympic Committees (NOCs) are established by recognition of the International Olympic Committee in terms of the Charter. 99 The role and purpose of the NOC is to develop, promote and protect the Olympic Movement in its country in 96 97 Rule 21. 4 op cit n. 4; www. olympic. org/commissions (accessed 30/12/2008) 98 www. olympic. org/administration (accessed 30/12/2008) 99 Bye-Law 1 to Rule 28 & 29 23 accordance with the Charter. 100 The Charter101 provides that the NOC shall promote the fundamental principles of Olympism in the fields of both sport and education and encourage the development of high performance sport and sport for all. 102 The NOCs shall assist in the training of sports administrators, coaches and athletes and cooperate with governmental and non-governmental organizations in the development of sport and the furtherance of the Olympic values and ideals. 03 Regardless of their structure, the NOCs are composed of National Sports Federations affiliated to International Federations of the sports they govern, members of the IOC in that particular country and athletes who are either active or retired Olympians (Olympic Games athletes). 104 Inasmuch as NOCs have the duty to cooperate with government entities in the development of sport and the furtherance of the Olympic Ideals, they must, however, maintain their autonomy. 05 The rationale behind this stipulation is that the Olympic Movement is based on universality and equality without any political, legal, religious or economic boundaries. 106 This cannot be guaranteed if the NOCs were to be placed under the control of governments whose policies and regimes change from time to time. The NOCs have the exclusive right to organize and send teams to the Olympic Games and the IOC assists the NOCs to fulfil their mission through its various departments and Commissions such as the Olympic Solidarity Commission which is responsible for organizing assistance to the NOCs.

It does this through, amongst others, developing the technical sports knowledge of athletes and coaches and improving, through scholarships, the technical level of athletes and coaches. The Olympic Solidarity Commission, as previously shown, also assists in creating, where necessary, simple, functional and economical sports facilities in cooperation with national or international entities. 100 101 Rule 28. 1 op cit n. 48 102 Rule 28. 2 103 ibid 104 Rule 29. 1 105 Rule 28. 6 106 Preamble to the Olympic Charter 24 In most countries the NOCs are the main authority for the organization and development of sport.

Programmes of such NOCs include physical education initiatives, sports science, administration, law and other programmes in various fields. On the other hand, in other countries the NOCs serve as merely a support base for other sports administration bodies. 2. 4 INTERNATIONAL FEDERATIONS International Federations (IFs) are non-governmental organizations responsible for the organization and administration of one or more sporting codes at world or international level. 107 Their role is to ensure uniformity in the rules concerning the practice of their respective codes and to enforce such rules.

They further assist, through the development of their sports, the promotion of the Olympic Ideals and Values. Most importantly, the IFs establish the eligibility criteria for the competitions in the Olympic Games which are then approved by the IOC and further assume overall technical responsibility for the control and supervision of their sports at the Olympic Games. 108 International Federations further have the right to make recommendations on the Charter, the Movement, and the host-cities for the Olympic Games and to participate in the IOC Commissions at the request of the IOC. 09 International Federations are further organised into Associations to better discuss and coordinate their efforts to develop sport and promote the Olympic Movement. They are organised into the Association of Summer Olympic International Federations (ASOIF), the Assembly of International Sports Federations (ARISF) and the General Association of International Sports Federations (GAISF) which includes other Federations not in the Olympic Programme. 110 107 108 op cit n. 48;Rule 26 Rule 28. 1 109 Rule 28. 2 110 op cit n. 48 25 2. OTHER ORGANIZATIONS The Olympic Movement is also constituted of other organizations which the IOC has entered into agreements with in order to better place sport at the service of humanity. Most of these organizations are United Nations specialized agencies such as the United Nations Environment Programme (UNEP) and the United Nations Development Programme (UNDP) to mention but a few. The extent of cooperation between the IOC and the United Nations was demonstrated in 2005 which was declared the International Year of Sport and Physical Education. 11 The IOC, by virtue of the character of international personality of the Olympic Movement, has also been involved in international political issues in a positive manner as was shown at the 2008 Beijing Olympic Games. 112 For the first time in the history of the administration of China, citizens had unfettered access to share and receive information. 113 This is one of the many milestones which, in the writer’s opinion, have the potential to change China as it is known to the world.

There are nonetheless two important organizations which are worthy of mention and discussion and which cooperate very closely with the IOC; these are the Court of Arbitration for Sport and the World Anti-Doping Agency. 2. 5. 1 THE COURT OF ARBITRATION FOR SPORT The Court of Arbitration for Sport (CAS) is an independent institution established in 1984 which facilitates the settlement of sport-related disputes through arbitration and mediation.

It is administered and financed by the International Council of Arbitration for Sport and has over one hundred and fifty arbitrators from over fifty five countries. 114 The rules and procedures used in the CAS have been adapted and tailored to suite the specific needs of sport therefore creating a hybrid court for the settlement of sport disputes. 115 Such disputes 111 112 www. olympic. org/events (accessed 2/01/2009) op cit n. 48 p. 123 113 www. olympic. org/B2008 (accessed 2/012009) 114 op cit n. 48 p. 91 115 ibid 26 ay include sports contractual disputes; competition qualification disputes between athletes and International Federations, NOCs or other sports organizations; doping appeals; domestic sport administration disputes relating to the election of executive committees and so on. 116 The CAS is composed of two Chambers; the Ordinary Arbitration Division which, can be styled the ‘Court of First Instance’ and the Appeals Arbitration Division which serves as an appeal chamber and deals with disputes concerning decisions of disciplinary tribunals or similar bodies of NOCs, IFs or other sports bodies. 17 In addition to resolving legal disputes, the CAS also has an advisory function in that it can give advisory opinions concerning legal questions related to sport. In the context of ordinary arbitration, the law applied by CAS in the merits of a dispute is agreed upon by the parties, failing which Swiss law applies. 118 On appeal the arbitrators rule on the basis of the regulations of the body concerned by the appeal or court a quo and, by extension the law of the country in which the body is domiciled. 119 The procedure itself is governed by the Code of Sports-Related Arbitration.

The decisions of the CAS are final and binding once communicated to the parties involved and can be enforced in accordance with the New York Convention on the Recognition and Enforcement of Arbitral Awards. 120 The landmark cases of the CAS cases are the celebrated Bladerunner case121 and the Floyd Landis case. 122 In the former case, a double-amputee was permitted to race against ablebodied runners in the Beijing 2008 Olympic Games. He was previously only permitted to compete in the Paralympic Games by the International Amateur Athletics Federation regulations which were overturned by the CAS appeal decision.

This decision means that if an elite athlete with a disability believes or feels that he is “strong” enough, he could compete against able-bodied elite athletes in the same competition. The CAS decision on 116 117 www. tas-cas. org/about (accessed 5/01/2009) ibid 118 www. tas-cas. org/en/20questions (accessed 5/01/2009) 119 ibid 120 ibid 121 Oscar Pistorius v. IAAF CAS Appeal 2007 122 Floyd Landis Appeal 2007 27 this issue has been criticised as being a catalyst for the opening of the flood-gates for more demands from elite athletes with disabilities to compete against able-bodied athletes.

In the writer’s personal view, this argument does hold water, firstly to the extent that there must be a limit as to how many athletes can compete in the Olympic Games. Secondly, it is important that elite-athletes with disabilities establish and grow the identity of the Paralympic Movement under the Paralympic Games distinct from the Olympic Games. In the Floyd Landis Appeal case,123 Landis had been summarily stripped of his championship title in the coveted Tour de France 2007 cycling race on grounds that he had used prohibited substances or engaged in doping.

He was found guilty of doping and the decision of the French Anti-Doping Agency upheld. This case was one of the most controversial doping cases because despite irregularities in the French Anti-Doping Agency’s procedures, the CAS still ruled in its favour. The CAS was criticised for compromising principles of equity and fairness in favour of the principles of fair play in sport. In the writer’s humble opinion, the CAS’ decision was properly arrived at simply because the legal principles governing sport cannot and should not be detached from the principles and values of sport such as fair play. 2. . 2 THE WORLD ANTI-DOPING AGENCY The World Anti-Doping Agency commonly known as WADA was established in 1999 as a result of the World Conference on Doping in Sport held in Lausanne, Switzerland and the adoption of the Lausanne Declaration on Doping in Sport. 124 The WADA was established as an independent international agency to promote and coordinate the fight against doping in sport and was formed under the initiative of the IOC with the support of intergovernmental organizations, governments and other public and private entities. 123 124 ibid Lausanne Declaration on Doping in Sport 1999 www. portunterricht. de/lksport/lksport. html accessed 25/03/2009) 28 The WADA’s core activities revolve around scientific research on new and improved detection methods and educating athletes, coaches and administrators on anti-doping education and the dangers of doping. It has the responsibility of monitoring acceptance and compliance with the World Anti-Doping Code125 and conducting random testing at the Olympic Games and other international sports tournaments and promoting the establishment of National Anti-Doping Organizations and programmes. 26 The WADA’s legal role involves cooperation with law enforcement agencies in developing protocols to ensure evidence-gathering and information-sharing between the sports movement and governments. The WADA cooperates with Interpol in collaboration with UNESCO and works with individual governments to persuade them to have laws in place that facilitate the effective combating of the manufacturing, supply and possession of doping substances in their territories. 27 All of the above-mentioned entities and organizations form the foundation and pillars of the international organization of sport. They work hand-in-hand under the Olympic Movement with one goal: to develop sport and in the process place sport at the service of humanity without frontiers. 125 126 World Anti-Doping Code 2003 www. wada-ama. org op cit n. 47 p. 160-170; www. wada-ama. org (accessed 7/012009) 127 Global Anti-Doping Organization Chart www. wada-ama. org (accessed 7/01/2009) 29 CHAPTER THREE 3.

THE LEGISLATIVE & INSTITUTIONAL FRAMEWORK OF SPORT IN DEVELOPED COUNTRIES: AUSTRALIA & ENGLAND 3. 1 SPORT IN AUSTRALIA Australia is considered one of the world’s biggest sporting super-powers. This is measured through its rankings in international competitions and games such as the Olympic and Commonwealth Games and its overall domestic participation in sport. In terms of international performance, Australia was ranked fifth in the Beijing 2008 Olympic Games and won a total of two-hundred and twenty one medals at the Melbourne 2006 Commonwealth Games. 28 Domestically, Australia’s participation in sport excels, both when it comes to active participation and fan support, as can be seen in the massive television ratings of sports shows. 129 Both these levels are higher in Australia than anywhere else in the world. 130 Sport in Australia is heavily supported by Government, both financially and institutionally. 131 Sport in Australia is organized by a number of bodies, both governmental and otherwise, which contribute to the promotion and development of sport in a number of ways.

These include but are not limited to: the Australian Sports Commission (ASC) which is the Australian Government agency responsible for the development of sport in Australia; Australian Sports Anti-Doping Authority (ASADA); the Australian Department of Health and Aging; the Australian Olympic Committee (AOC); the Australian and New Zealand Sports Law Association (ANZLSLA); the Australian Association for Exercise and Sports Science (AAESS); the Australian Commonwealth Games Association (ACGA); the 128 129 ww. nytimes. com/pages/olympics2008 (accessed 13/11/2008) Australian Bureau of Statistics, Sport and Recreation Funding by Government, Australia, www. ausport. gov. au/scorsresearch/ERASS2005/ERASS205_findings. pdf (accessed 13/11/2008) 130 Participation I Exercise, Recreation and Sport Survey 2005 Annual Report www. ausport. gov. au/scorsresearch/ERASS2005/ERASS205_findings. pdf (accessed 13/11/2008) 131 ibid n. 129; In 2000-01, total government funding for sport and recreation activities was $2,124. 2m.

Of this, the Commonwealth Government contributed $198. 9m (9%), state and territory governments contributed $875. 2m (41%) and local governments provided $1,050. 1m (49%). 30 Australian Paralympic Committee (APC) and the Confederation of Australian Sport (CAS). 132 The writer proposes that it is not only Government support that has contributed to the success of sport in Australia, but also the organization of such support and the cooperation with and between the above-mentioned bodies towards one common goal, the proper organization of sport.

This section will explore the organization of government’s support to sport, its cooperation with the National Olympic Committee and the methods employed in Australia for sports finance and the resolution of sport related disputes. In doing so the writer will focus on the Australian Sports Commission, the Australian Olympic Committee, the Confederation of Australian Sport and some of the sport dispute resolution bodies in Australia. 3. 1. 1 THE AUSTRALIAN SPORTS COMMISSION

The Australian Sports Commission (ASC) was established in 1989 by the Australian Sports Commission Act133 (hereinafter referred to as the ASCA). It is the federal governmental agency responsible for distributing funds and providing strategic guidance for sporting activity in Australia. It is a body corporate with perpetual succession which may sue and be sued. 134 The objects of the Australian Sports Commission are to provide leadership in the development of sport in Australia and to encourage increased participation and improved performance by Australians in sport. 35 The ASC also has the duty to provide resources, services and facilities to enable Australians to pursue and achieve excellence in sport while also furthering their educational and vocational skills and other aspects of their personal development. 136 It has the responsibility to improve the sporting abilities of Australians generally through the improvement of the standard of sports coaches. 137 The ASC, as an extension of Government has the mandate to foster co-operation in sport between Australia 132 133 www. usport. gov. au/ascresearch/findingsportinformation/ausportsorganizations (accessed 20/02/2009) No. 12 of 1989 as amended, Section 5, 134 ibid Section 5. 2 135 www. ausport. gov. au/aboutasc/corporatestructure (accessed 20/02/2009) 136 ibid 137 ibid 31 and other countries through the provision of access to resources, services and facilities related to sport. 138 Most importantly, the ASC has the duty to encourage the private sector to contribute to the funding of sport to supplement assistance by the Commonwealth. 39 The functions of the Commission as set out in the ASCA140 are to advise the Minister in relation to the development of sport and to co-ordinate activities in Australia for the development of sport. 141 The ASCA142 imposes a duty to develop and implement programs that promote equality of access to, and participation in, sport by all Australians and to implement such programs for the recognition and development of persons who excel, or who have the potential to excel, in sport. 43 It has the duty to develop persons who have achieved, or who have the potential to achieve, standards of excellence as sports coaches, umpires, referees or officials essential to the conduct of sport. 144 The ASC has the duty to consult and co-operate with appropriate authorities of the Commonwealth, of the States and of the Territories, and with other persons, associations and organizations, on matters related to its activities. 145 Most importantly, the ASC has the responsibility to raise money through the Australian Sports Foundation, or by other means which include funds appropriated from Government. 46 The ASCA147 further provides that the Commission shall serve as the Australian Institute of Sport when carrying out its functions of developing and implementing programmes for the recognition and development of elite athletes, coaches, umpires and other officials necessary in the conduct and administration of sport. This body is responsible for researching and developing the field of sports science and sports medicine and providing sports medicine and sports science services. 148 138 139 ibid Op cit n. 133, Section 6 140 ibid 141 Section 7. 1(b) 142 Op cit n. 133 143 Section 7. 1(d) (i) 144 Section 7. (d) (ii) 145 Section 7. 1(p) 146 op cit n. 133 Section 7 147 ibid 148 Section 9 32 The Australian Sports Foundation is also a creature of the ASCA. 149 Its sole purpose is to raise money for the development of sport in Australia through means other than Government appropriations. 3. 1. 1. 1 ORGANIZATION AND STRUCTURE The ASCA150 provides for a Chairperson, Deputy Chairperson, the Secretary to the Department; and not fewer than five nor more than ten other members. 151 Such members are appointed by the Minister of Sport and Recreation and may be appointed on either a full-time or part-time basis.

The Chairperson or Deputy Chairperson may be appointed on a full-time renewable period of five-years. 152 An ordinary member may be appointed on a part-time basis for a renewable period of three-years. 153 The Commission is divided into six divisions: the Australian Institute of Sport; the Sport Performance and Development division; the Corporate Services division; the Commercial and Facilities division; the Community Sport division; and the Finance division which is responsible for, inter alia, the ASC’s financial management.

This division also ensures that the ASC satisfies the Australian Government’s financial management and accountability requirements. 154 These divisions work closely with the various State Departments of Sport and Recreation and other sporting organizations to organize, promote and develop sports in Australia. 3. 1. 2 THE AUSTRALIAN OLYMPIC COMMITTEE The Australian Olympic Committee (AOC) is the National Olympic Committee in Australia for the Olympic Movement.

The AOC is a non-profit organization independent of Government. 155 The AOC selects teams, and raises funds to send Australian athletes and 149 150 Section 10 op cit n. 133 151 Section 13 152 op cit n. 133 Section 7. 3 153 Ibid Section 7. 4 154 Op cit n. 139 155 http://www. olympics. com. au/aboutaoc/ (accessed 7/02/2009) 33 representatives to Olympic events which include the Summer and Winter Olympic Games, organized by the International Olympic Committee (IOC). 56 The Australian Olympic Committee is composed of forty member organizations consisting of national governing bodies (NFs) of each sport included on the Olympic program for the Summer Olympic Games and the Winter Olympic Games. Each state and territory in Australia has a State Olympic Council to promote Olympic values and raise funds for the Australian Olympic teams. 157 The AOC raises the funds necessary for the preparation and participation of Australia’s Olympic Teams through corporate sponsorship, licensing and traditional fundraising activities. 58 Each State Olympic Council has the task of raising funds via traditional fundraising activities. The AOC also receives an annual distribution from the Australian Olympic Foundation. 159 The Australian Olympic Foundation is a foundation established to help future Australian athletes develop and compete at an Olympic level. 160 The Foundation was constituted by deed of settlement on February 1996, as an Australian Public Company, limited by guarantee. 161 The members and Directors of the Australian Olympic Foundation Limited are the voting members of the Executive of the Australian Olympic Committee.

The Foundation has been constituted and is controlled and administered to develop and protect the Olympic Movement in Australia in accordance with the Charter162 including, in particular, funding the preparation and participation of the Australian Teams in the Olympic Games, the Olympic Winter Games and Regional Games and the costs and expenses of the AOC. 163 156 157 ibid ibid 158 ibid 159 http://www. olympics. com. au/aboutaof (accessed 7/02/2009) 160 ibid 161 ibid 162 Op cit n. 48 163 op cit n. 149 4 3. 1. 3 ASC SPORT DISPUTE RESOLUTION Sport dispute resolution in Australia is relatively simple in that it has, at its disposal, registered and accredited arbitrators from the Court of Arbitration for Sport. 164 Alternatively, there are a number of independent sport dispute resolution organizations which can be utilized for sport dispute resolution. However, the ASC has established a complaints procedure which is intended to assist sporting organizations in managing or handling sports disputes. 65 Such disputes may, amongst others, involve harassment, discrimination and child abuse. 166 Should they arise, sports organizations and/or individuals may utilize this procedure for a speedy resolution. As part of this process, there may be the need for sporting organizations or individuals to seek assistance from outside the organization. The ASC has developed a policy termed Member Protection which is a term used by the Australian sports industry to describe the practices and procedures that protect an organization’s members. 167

The organizations members include individual members such as players, coaches and officials, and the member organizations such as clubs, state associations, other affiliated associations and the national body. 168 The procedure obliges the complainant in a dispute to discuss the issue directly with the person or people involved in the issue or incident. 169 The complainant should lodge a formal or informal complaint with the sporting organization concerned which may decide to conduct a tribunal hearing and/or an investigation into the matter. 70 The complainant may alternatively file a complaint with an external entity such as the Human Rights and Equal Opportunity Commission (HREOC) or the Department of Sport and Recreation in their state or territory. 171 164 165 www. tas-cas. org/about (accessed 5/01/2009) www. ausport. gov. au/supporting/ethics/compaint (accessed 23/03/2009) 166 ibid 167 www. ausport/gov. au/supporting/ethics/member_protection (accessed 23/03/2009) 168 ibid 169 ibid 170 ibid 171 ibid 35 The methods which may be employed in the resolution of the dispute include mediation, conciliation, counselling, conferencing or arbitration. 72 The method most appropriate to resolve the dispute will depend upon the nature of the issue, versions of events presented by the complainant, respondent and witnesses, and the resources available to the sporting organization. 3. 2 SPORT IN ENGLAND Sport in England plays a very prominent role in English life and like Australia, England is undoubtedly one of the world’s sporting superpowers. England was ranked fourth in the Beijing 2008 Olympic Games and won a total of one-hundred and thirteen Medals at the Melbourne 2006 Commonwealth Games, a mammoth achievement in light of its performances at previous international competitions. 73 Unlike Australia, there are not very many umbrella bodies that govern sport and national sport administration is relatively centralized. This section will focus on Sport England, which is the governing body responsible for distributing funds and providing strategic guidance for sporting activity in England, and the British Olympic Association, which is the National Olympic Committee for England. Sport dispute resolution mechanisms in England are similar to those in Australia where private independent entities assist in this regard.

For purposes of this study, the Sports Disputes Resolution Panel will be examined. 3. 2. 1 SPORT ENGLAND Sport England is the brand name for the English Sports Council and is a non-departmental public body under the Department for Culture, Media and Sport (hereinafter referred to as the DCMS). 174 Its role is to develop sport at the grass-roots level by working with national governing bodies of sport, and other funded partners, to grow the number of people doing 172 173 ibid www. nytimes. com/pages/olympics2008 (accessed 13/11/2008) 174 http://en. wikipedia. rg/wiki/Department_for_Culture,_Media_and_Sport (accessed 5/02/2009) 36 sport; facilitate sports for all; and help more talented people from all backgrounds excel through talent identification and athlete development programmes and helping them move up to the elite level. 175 The English Sports Council was established by Royal Charter in the 1970s as a body corporate with perpetual succession and the power to sue and be sued. 176 Its objects are to foster, support and encourage the development of sport and physical recreation and the achievement of excellence in sport in England.

Its functions are primarily to develop and improve the knowledge and practice of, and education and training in, sport and physical recreation in England. Furthermore, it encourages and develops higher standards of performance and achievement of excellence among persons or teams from England participating in sport and physical recreation. In essence, Sport England is the English counterpart of the Australian Sports Commission in terms of development, support and research. 177 Even though Sport England is established under the DCMS, it has no statutory functions.

It serves as the lottery distributor for sport, and as derived from its establishing Charter, has the responsibility of protecting playing fields, through its role as consultant on planning applications that affect playing fields. 178 The funding it distributes comes from both the Treasury and the National Lottery. 179 However, its Charter does provide that Sport England will, in the exercise of its functions, take into consideration general statements of policy issued by the Government through its Secretary of State for Culture, Media and Sport. 80 It must be noted that Sport England focuses on sport development at grassroots and recreational level while elite sport for England is run under United Kingdom Sport (UK 175 176 www. sportengland. org/index/about_sport_england. htm (accessed 7/02/2009) Royal Charter of the English Sports Council 1970 177 Article 3 178 Article 2 (c) 179 ibid n. 175 180 Article 3. 1 (a), Royal Charter of the English Sports Council 37 Sport). UK Sport is the body responsible for elite sport in England, Northern Ireland and Scotland otherwise collectively known as the United Kingdom of Great Britain. 81 Sport England works and collaborates with a number of national agencies which include the Youth Sport Trust and UK Sport, which runs elite sport in the United Kingdom. 182 It works with national governing bodies of sport or NFs, which run and manage specific sporting codes; local authorities and county sports partnerships, which Sport England administers and funds at the national level. 183 At the foundation of Sport England’s work are sports clubs, coaches and volunteers. 184 At the heart of Sport England’s strategy over the next four years is the Olympic Movement and Olympic Games due to be hosted in London in 2012. 85 3. 2. 2 THE BRITISH OLYMPIC ASSOCIATION The British Olympic Association (BOA) is the National Olympic Committee for the United Kingdom and as such has the sole responsibility for raising funds for Team GB. 186 The BOA receives no Government funding and as such relies exclusively on the funds which it is able to raise itself privately, commercially and from members of the public. 187 The vast majority of these funds are raised through the granting of sponsorship, licensing and other commercial rights to allow companies to become officially linked to the Olympic Movement in one form or another. 88 The BOA’s role is to lead and prepare English athletes for the Olympic Games and has the responsibility for developing the Olympic Movement throughout the UK. 189 In addition, the BOA delivers extensive support services to Britain’s Olympic athletes and their National Governing Bodies throughout each Olympic cycle to assist them in their 181 182 Sport England Strategic Plan http://www. sportengland. org/sport_england_strategy_2008-2011. pdf ibid 183 ibid 184 ibid 185 op cit n. 175 186 www. olympics. org. uk/legal_information (accessed 8/02/2009) 187 ibid 188 ibid 189 www. lympic. org. uk/documents/Faster,Higher,Stronger-The_BOA. pdf (accessed 8/02/2009) 38 preparations for, and performances at the Games. 190 These services include performance lifestyle programmes intended to help athletes balance their training with other aspects of their life; employment schemes meant to assist athletes with balancing their athletic and employment careers; and access to training and medical support. 191 Most of these services are provided in collaboration with UK Sport as the main authority for elite sport in the United Kingdom. 92 In conjunction with the Olympic sports governing bodies, the BOA selects Team GB from the best sportsmen and women who will go on to compete in the twenty eight summer and seven winter Olympic sports at the greatest sporting competition in the world. 193 The British Olympic Association is composed of thirty three member organizations consisting of national governing bodies of each sport included on the Olympic program for the Summer Olympic Games and the Winter Olympic Games. 194 A member of each of the Olympic sports makes up the National Olympic Committee (NOC), the BOA’s decision and policy-making body. 95 The NOC elects four officers; a President, Chairman and two vice-chairmen, each for a four year term. 196 Six members of the NOC are also elected to the Executive Board. This Board is involved in the everyday business of the BOA and also puts forward specific proposals for decision by the NOC. 197 3. 2. 3 THE SPORT DISPUTES RESOLUTION PANEL Sports Disputes Resolution Panel (SDRP) was established in 1999 by various sporting bodies including, amongst others, the British Olympic Association, British Paralympic Association, British Athletes Commission to provide an independent forum for the resolution of sports related disputes. 98 It is a company limited by guarantee registered in 190 191 ibid ibid 192 ibid 193 Op cit n. 186 194 ibid 195 www. olympics. org. uk/boa 196 ibid 197 ibid 198 www. sportsresolutions. co. uk/Legal_Information (accessed 12/02/2009) 39 England and Wales. 199 The disputes it handles may relate to team selection, exclusion, sponsorship, doping and so on so forth. 200 The Panel Tribunals may be constituted by lawyers, medical practitioners, sports administrators and other persons involved in sport selected by SDRP from a pre-determined list. 01 There are two primary ways in which a dispute can find its way to SDRP: either by inclusion in the relevant rules or contract as the forum for resolving disputes or by agreement of the parties once a dispute has arisen. 202 The writer proposes that the case-studies discussed above serve as examples of the different regulatory frameworks under which sport may be managed in developed countries. These frameworks are relatively simple, yet holistic, and can serve as a tried and tested blueprint for the organization and management of sport in other countries.

However, the writer does concede that the economic resources involved in establishing such frameworks can be a limiting factor. An examination of frameworks which are relatively economical, yet effective, will be made in the following chapter. 199 200 ibid ibid 201 ibid 202 ibid 40 CHAPTER FOUR 4. THE LEGISLATIVE ; INSTITUTIONAL FRAMEWORK OF SPORT IN DEVELOPING COUNTRIES: SOUTH AFRICA ; ZIMBABWE 4. 1 SPORT IN SOUTH AFRICA Sport in South Africa has a very rich history which, despite a long period of stagnancy as a consequence of the apartheid regime, has been dubbed a fairy-tale story.

Despite a long absence from international competition, South Africa managed to rank sixty-fourth in the Beijing 2008 Olympic Games and win thirty-eight medals at the Melbourne 2006 Commonwealth Games. It has one of the most advanced sports legislative and institutional frameworks on the African continent which is yielding prosperous results and paving the way towards South Africa becoming one of the best sporting jurisdictions in the world.

Following its ban from international sport203first in 1964 at the Tokyo Summer Olympics204 and later in 1977 from the Commonwealth Games through the Gleneagles Agreement,205 South Africa became a pariah in the international world of sport. This however changed when in 1992 all such bans were lifted206 and South Africa quickly worked its way to the top by winning the Rugby World Cup in 1995. 207 South Africa’s peak performance gradually declined up until its dismal performance at the Sydney 2000 Summer Olympic Games. 208 During the Olympiad209leading up to those fateful Olympics, sport in South Africa was run by seven major bodies.

These were the 203 South Africa was banned as a result of the apartheid policies of the National Party government since 1948. 204 BBC South Africa banned from Olympics,1964 http://news. bbc. co. uk/onthisday/hi/dates/stories/august/18/ newsid_3547000/3547872. stm (accessed 25/03/09) 205 http://en. wikipedia. org/wiki/Gleneagles_Agreement 25/03/09; This was an agreement by all Commonwealth Presidents and Prime Ministers to ban South Africa from all Commonwealth activities because of its apartheid policies. 206 Following the unbanning of the liberation movements and the release of all political prisoners. 07 http://en. wikipedia. org/wiki/1995_Rugby_World_Cup (accessed 25/03/09) 208 http://en. wikipedia. org/wiki/2000_Summer_Olympics (accessed 25/03/09) 209 An Olympiad is the four years between every edition of the Olympic Games 41 Department of Sport and Recreation; Disability Sport South Africa; the National Olympic Committee of South Africa; South African Commonwealth Games Association; the South African Sports Commission; the South African Student Sports Union; the Sport and Recreation South Africa; and the United School Sports Association of South Africa. 10 It was following the Sydney Olympics that a report with wide-ranging recommendations was produced. 211 The report stated that the dysfunctional fragmentation of governance structures in sport and recreation were the main barrier to the development of sport and recreation in South Africa. 212 The structure in use was found to cause a duplication and replication of functions with simultaneous inefficient and unnecessary expenditure without results. 213 This report was a catalyst for the establishment of two governance structures which would now be responsible for the management of sport and recreation in South Africa.

The first structure, which would be an expanded Department of Sport and Recreation called Sport and Recreation South Africa (SRSA), would focus on the grassroots development of sport, recreation and mass participation. 214 The second structure came in the semblance of the South African Sports Confederation and Olympic Committee (SASCOC) and would be responsible for South Africa’s elite and high performance sport. 215 This report was endorsed by Cabinet in 2003 and steps were immediately taken to dissolve the old structures and establish the proposed structure which is currently in use.

This resulted in the South African Sports Commission Repeal Act216 (hereinafter the Repealing Act) and the establishment of the South African Sports Confederation and Olympic Committee. 217 The objects of the Repealing Act218 were to disestablish the South African Sports Commission; provide for the transfer of all employees, assets and 210 211 http://www. sascoc. co. za/about (accessed 25/03/09) Ministerial Task Team Report, December 2000 www. srsa. gov. za/Report_from_Jim_Ferguson 212 ibid p. 6 213 ibid 214 ibid 215 ibid 216 South African Sports Commission Act Repeal Act 2005 217 www. sascoc. co. a/about (accessed 20/03/09) 218 Op cit n. 216 42 liabilities of the Commission to SRSA and to repeal the South African Sports Commission Act. 219 As a consequence, sport in South Africa is no longer governed by one umbrella statute but is governed by one underlying goal for all bodies and persons involved in sport, that is, excellence in sport development, participation and competition. Nonetheless, the SRSA and SASCOC operate in line with the various specific statutes governing sport such as the National Sports and Recreation Act,220the Drug Free Sport Act221 and the Nonprofit Organisations Act. 22 This section will discuss the structure and functions of the SRSA, SASCOC and the South African sports dispute resolution mechanism. 4. 1. 2 SPORT ; RECREATION SOUTH AFRICA Sport and Recreation South Africa (SRSA) is the national governmental department responsible for grass-roots, mass-based, community-oriented sport and recreation223. It cooperates with SASCOC by identifying talent which is then passed onto SASCOC for development through the various National Sports Federations. It is guided by government’s policy document on sport and recreation called the White Paper on Sport and Recreation in terms of general objectives. 24 The functions and duties of SRSA include providing support to public entities, sport and recreation bodies and monitoring and reporting on their performance. SRSA has the primary duty to contribute to increasing the number of participants in sport and recreation from the baseline of 30% participation through activities that support mass sport and recreation with the emphasis on increasing participation by disadvantaged and marginalized groups, including women, the youth, persons with disabilities and people 219

South African Sports Commission Act No. 109 1998; Section 2 South African Sports Commission Repeal Act, 2005 220 No. 110 of 1998 221 Act of 1997 222 No. 71 of 1997 223 www. srsa. gov. za/Who_is_SRSA (accessed 20/03/09) 224 White Paper, Sport and Recreation South Africa – Getting the Nation to Play www. srsa. gov. za/WhitePaper (20/03/09) 43 living in rural areas in South Africa. 225 It coordinates inter- and intra-government sport and recreation relations and provides support for hosting identified major events such as the FIFA 2010 Soccer World Cup.

SRSA also provides for planning, advocacy, coordination and monitoring of sport and recreation facilities. According to SRSA’s strategic direction, it aims to build social inclusion and increased physical activity through community and in-school sport and recreation programmes and use them to address issues of national importance. 226 SRSA’s operational structure is built to best ensure that each of its functions and duties are fulfilled. The figure below227 summarises the operational structure of SRSA: Figure 2 225 226 ibid SRSA Annual Report 2007/2008 www. srsa. ov. za/ClientFiles/srsa_annual_report_2007_2008 (accessed 23/03/09) 227 Op cit n. 220 44 4. 1. 3 THE SOUTH AFRICAN SPORTS CONFEDERATION AND OLYMPIC COMMITTEE The South African Sports Confederation and Olympic Committee (SASCOC) is the controlling body for all high performance sport in South Africa and was established as a not-for-profit company under the Companies Act228 by representatives of all South African sports bodies in 2004. In terms of the Memorandum of Association, the main purpose of SASCOC is to promote and develop high performance sport in South Africa. 29 It also has the sole responsibility to act as the controlling body for the preparation and delivery of Team South Africa at all multi-sport international games which include the Olympic and Paralympic Games, the Commonwealth Games, World Games and All Africa Games. 230 The SASCOC cooperates with both the government and private sector, relating to all aspects of Team South Africa such as preparation and sponsorship. The SASCOC’s other duties include affiliating to and/or securing recognition by the appropriate international, continental and regional sport organizations for high performance sport and serve as the recognized national entity.

It has the duty to initiate, negotiate, arrange, finance and control, where necessary, multi-sport tours to and from South Africa inclusive of events between teams and/or individuals. It has the responsibility to approve and ensure that all bidding processes relating to the hosting of international sporting events in South Africa or any other related events comply with the necessary rules and regulations. Furthermore, the SASCOC has the duty to facilitate the acquisition and development of playing facilities including the construction of stadia and other sports facilities. 31 228 229 Section 21, No. 61 of 1973 SASCOC Memorandum of Association http://images. supersport. co. za/SASCOC_Amended_Constitution_July2008. pdf (accessed 25/03/09) 230 ibid 231 ibid 45 The SASCOC is administered by an Executive Board which comprises of a President, two Vice Presidents, five elected members, any IOC member resident in South Africa, one member appointed by each of Disability Sport South Africa, the South African Student Sports Union and United School Sports of South Africa and one member representing the athletes of Team South Africa. 32 4. 1. 4 SPORT DISPUTE RESOLUTION During the existence of the South African Sports Commission a variety of disputes from the different National Sports Federations was the order of the day. In order to simplify the dispute resolution process and to speedily resolve matters, the Commission established the South African Sports Commission Dispute Resolution Centre to tackle these disputes. 233 This structure has since moved under the SRSA structure following the dissolution of the SASC.

Disputes that cannot be resolved by prescribed internal mechanisms within a Federation can be referred to this Centre. All referrals are then matched with the appropriate dispute resolution mechanism which may involve arbitration, mediation, assisted negotiation or a combination of mediation and arbitration. 234 The Centre can also decide whether the matter should be referred to one of its trained Sports Leaders – a member of the Centre’s staff member who is specially trained in the various dispute resolution mechanisms.

If a judicial process is required, such as arbitration or a disciplinary enquiry, or if the matter simply needs the participation of a neutral outsider with no formal links to the SRSA, then the Centre will refer the matter to the Arbitration Foundation of Southern Africa (AFSA). The AFSA is a not for profit company, formed in 1996, by the legal and accounting professions and organised business. 235 232 233 http://www. sascoc. co. za/National_Executive_Board (accessed 25/03/09) www. srsa. gov. za/ClientFiles/sports_commission_pamphlet (accessed 25/03/09) 234 ibid 235 Section 21 of the Companies Act No. 1 1973 46 Many NFs have an AFSA clause in their constitutions and this means that the matter will be referred to AFSA as before, but should also be notified to the Centre for the purposes of record-keeping. 236 Disputes which can be brought to the Centre or the AFSA range from athlete contracts to delictual disputes. When the Centre refers a matter to the AFSA, the Centre has the discretion to decide whether the NF, the disputing parties or the Centre itself will be responsible for costs, however mediators and arbitrators are paid a set hourly fee. 37 The arbitrators and mediators who sit on the panels of experts come from a variety of backgrounds which include professionals, ranging from senior to junior advocates, attorneys, accountants and business people, former sports administrators, disciplinary officials or leaders in the sports community. 238 Unlike sports jurisdictions such as Australia, South Africa does not have many sports organizations which are involved in the national administration of sport.

The South African structure has been intentionally engineered in this manner so as to avoid a duplication of duties and to ensure the practical and economical use of the “limited” resources available for the development and management of sport and recreation in South Africa. Even though South Africa is only on its way to the top of the international sporting totem pole, the writer proposes that this structure is the most efficient, economical and all-inclusive structure for the development and management of sport in countries without the benefit of a large budget.

All in all the structure of sport in South Africa can be summarised through the organogram below. 239 236 237 www. srsa. gov. za/ClientFiles/Dispute_Rules (accessed 25/03/09) ibid 238 ibid 239 http://www. srsa. gov. za/Organogram. asp (accessed 25/03/09) 47 Figure 3 48 4. 2 SPORT IN ZIMBABWE Zimbabwe’s sports story has been called one coming straight from a fairy-tale book. Despite the country’s runaway inflation and worsening social, economic and political situation, Zimbabwe has managed to prevail in the field of sport.

Zimbabwe managed to rank forty-fourth in the Beijing 2008 Olympic Games by winning medals, a performance far more superior than South Africa. 240 Sport in Zimbabwe is run by the Zimbabwe Sport and Recreation Commission,241 under the Ministry of Education in collaboration with the Zimbabwe Olympic Committee. 242 Inasmuch as Zimbabwe’s structure is lacking in some areas such as dispute resolution, it has managed to make bigger strides than a number of other jurisdictions. This section will discuss the structure and operation of the Zimbabwe Sport and Recreation Commission and the Zimbabwe Olympic Committee. . 2. 1 ZIMBABWE SPORTS AND RECREATION COMMISSION The Sport and Recreation Commission (SRC) is Zimbabwe’s supreme authority for sports responsible for fostering the growth and development of sport in Zimbabwe. The SRC was established in 1991 and works in partnership with various stakeholders including local authorities, the corporate sector, non-governmental organizations and other sports bodies to promote sporting excellence. The SRC is accountable to the Ministry of Education Sport and Culture under its Planning and Research Development Division. 43 The most peculiar, and perhaps important, aspect of this area of Zimbabwe’s sports structure is that sport is organized and administered under the Ministry of Education therefore showing how important sport is regarded. 244 The advantage of this, despite the financial benefits,245 is that the Ministry is organized into nine administrative provinces which are headed by Provincial Directors. Each province is further divided into administrative districts which are headed by District Officers. Currently there are fifty240 241 http://en. wikipedia. rg/wiki/Zimbabwe_at_the_2008_Summer_Olympics (accessed 27/03/09) www. src. org. zw/about_us 242 www. zoc. co. zw 243 ibid n. 238 244 http://www. moesc. gov. zw/Structure/organizationalstructure. htm (accessed 25/03/09) 245 Sport receives its budget from allocations for education. 49 nine official districts in the country. However, Harare, with a purely urban setting, is divided into seven administrative areas. This brings the number of districts in the system to sixty-six translating into sixty-six areas for the outreach, development and organization of sport. 46 As a result of this, sport is being introduced as a mandatory co-curricular rather than extra-curricular activity in schools. 247 The SRC is responsible for the formulation and publication of the Physical Education, Sport and Recreation Policy of Zimbabwe and has the duty to create incentives for investment in sport. 248 The SRC is administered by a Board which is operationally assisted by a Director General. The SRC structure can be summarised through Figure 4 below. 249 4. 2. 2 ZIMBABWE OLYMPIC COMMITTEE

The Zimbabwe Olympic Committee (ZOC) is one of the umbrella bodies for sport in Zimbabwe. Its main objective is to develop and protect the Olympic Movement in Zimbabwe in accordance with the Charter. 250 The then Rhodesia Olympic Committee was formed in 1934 and at the time, reflected the racial policies of a colonial government with no participation of the majority black people in its structures and teams. 251 The ZOC has thirty National Sports Federations affiliated to it on a voluntary basis. 52 It is governed by a General Assembly which is the highest decision making organ of the ZOC and meets annually. 253 In between General Assemblies, the Executive Board, which is elected every four years in the year following the Olympic Games, administers the ZOC. 254 246 247 ibid ibid 248 op cit n. 238 249 op cit n. 238 250 www. zoc. co. zw/about (accessed 26/03/09) 251 www. zoc. co. zw/history (accessed 26/03/09) 252 ibid n. 247 253 ibid 254 ibid 50 Figure 4 ZIMBABWE SRC STRUCTURE SRC BOARD AUDIT MANAGER AUDIT OFFICER

DIRECTOR GENERAL MEDIA & COMMUNICATIONS MANAGER SPORT DEVELOPMENT GROWTH &DEVELOPMENT TRAINING & VOLUNTEER SERVICES CORPORATE SERVICES BUSINESS DEVELOPMENT & MARKETING FINANCE BUSINESS DEVELOPMENT MARKETING HUMAN RESOURCES EVENTS & PARTNERSHIP ADMINISTRATION & FACILITIES OPERATIONS NORTH LEGAL SERVICES OPERATIONS SOUTH MIS KNOWLEDGE & MANAGEMENT 51 Like the IOC, the ZOC Board appoints Commissions to assist it in meeting its mandate and duties. There are currently eleven effectively functioning ZOC Commissions. 55 The ZOC also has a Secretariat of just six full-time staff members headed by the Chief Executive Officer/Secretary General but, like many other sporting organizations in Zimbabwe, benefits considerably from the involvement of volunteers. In other international competitions such as the All Africa Games and Commonwealth Games, Government has appointed ZOC as its organizing agent for Team Zimbabwe. 256 The duties and responsibilities of the ZOC are those imposed by the Olympic Charter257 and include promoting the fundamental principles and values of Olympism and encouraging the development of high performance sport as well as sport for all. 58 The ZOC has the duty to help in the training of sports administrators, coaches and technical officials and to organize teams that will represent Zimbabwe at the Olympic Games and at the regional and continental or world multi-sports competitions patronized by the IOC. 259 The ZOC also has the duty to take any action against any form of discrimination and violence in sport and to cooperate with and achieve harmonious relations with government bodies in order to achieve its mission and mandate. 60 Despite the absence of a specific sports dispute resolution mechanism, the above structure appears to have worked very well for Zimbabwe. The writer proposes that a hybrid structure constituted or created from all of the four different structures discussed would benefit Lesotho enormously. This hybrid structure will be discussed in detail in the final chapter with reasons why particular aspects of a specific structure would best benefit Lesotho sport. 255 256