8 November 2018
- Following various enquiries on the status of the enquiry into the FNB Stadium Tragedy of 29 July 2017 where two people sadly lost their life’s Stadium Management South Africa Pty Ltd deem in necessary to issue the following statement.
- On 2 August 2010 the Safety at Sports and Recreational Events Act, 2 of 2010 (the Act) came into operation.
- The Act is aimed at the protection of the primary event stakeholder –members of the general public who attend the literally thousands of sporting and recreational events held countrywide in our country every year. In essence the Act basically provides for the compulsory deployment of minimum safety and security standards aimed at the protection of persons and their property, by identified event stakeholders, at all local sporting and recreational events, over a specified size hosted at a stadium.
- The primary statutory bodies responsible for the administration and enforcement of the Act are the SAPS and Local Authorities (Municipalities).
- In essence the responsibilities for safety and security at an event flowing from provisions of the act are governed by the Event Safety and Security Planning Committee (ESSPC), comprising of various role-players and constituted in accordance with the provisions of the Act.
- The relevant obligations relating to an ESSPC include that:
- SAPS are responsible to establish the Event Safety and Security Planning Committee (ESSPC) for events which have been categorized as medium or high risk;
- SAPS must appoint an authorized SAPS official to chair that ESSPC;
- ESSPC must advise National Commissioner (or person appointed by him), in writing, of any circumstances in the lead-up to or during an event which impact on the original risk categorization for that event;
- The authorized SAPS official who chairs the ESSPC, must:
- appoint the ESSPC members, of which the stadium manager is one, in writing;
- manage and coordinate the powers and duties of the ESSPC;
- assign specific safety and security tasks to appointed safety and security stakeholders; and
- has overall authority to direct measures relating to safety and security at an event.
- ESSPC must, under the direction of the SAPS chairperson, prepare a written, event specific safety and security plan for the coordination of all safety and security stakeholders deployed at an event.
- The Carling Black Label match between KCFC and OPFC on 29 July 2017, fell squarely within the provisions of the Act. The SAPS Authorised Member appointed and chaired the ESSPC and managed and coordinated the powers of the ESSPC whom consisted out many role – players of whom Stadium Management were only one of more than 35.
- On a proper interpretation of some of the enquiries sense of a possible misperception on the part of the Ministry that either Stadium Management SA, or our stakeholders are at odds with the SA Sports and Recreation SA ministry was evident. On 2 July 2018 SMSA therefor addressed correspondence to the SA Sports and Recreation Ministry motivating the importance of establishing a lawfully constituted Commission of Enquiry into the Carling Black Label Cup Tragedy of 29 July 2017. In this correspondence it was submitted that a lawfully constituted Commission of Enquiry should be convened as a priority in order to establish the level of joint and several compliance by all parties governed by the ESSPC, appointed by the National Commissioner of Police within the ambit of the Act.
- In addition, we confirmed with the Honourable Minister Xasa that Stadium Management SA:
- is NOT in any adversarial position with the Sports and Recreation SA ministry;
- has full confidence in the Ministry to act in the best interest of its mandate;
- will fully co-operate with any lawfully convened Commission of Enquiry established in terms of the Commissions Act 8 of 1947 (as amended) if such a body is convened for purposes of enquiring into the events which occurred on 29 July 2017.
Dr. Jacques Grobbelaar
DBA (Honoris Causa) LGS (London), Commonwealth University
Chief Executive Officer
Stadium Management SA (Pty) Limited