What does the Safety at Sports and Recreational Events Act require of me when organising an event for spectators of all ages? Risk categories, deadlines, safety plans, staff, certificates, insurance, ticketing, access control, appeals and penalties.
The Safety at Sports and Recreational Events Act 2 of 2010 (SASREA) has been in force since 2 August 2010. It applies to sporting, entertainment, recreational, religious, cultural, exhibitional, organisational and similar events held (s1):
Who counts as an event organiser: anyone who plans, is in charge of, manages, supervises or holds an event or its sponsorship rights, or otherwise controls or has a material interest in hosting it. Clubs, federations and companies can all be organisers.
What it doesn't cover:
Where SASREA conflicts with other legislation on a matter it deals with, SASREA prevails. For major international events it applies subject to guarantees the national government has given (s2).
Full text: Act 2 of 2010 on gov.za.
Annual schedule (s6(1))
At least six months before the start of the calendar year (or, for a seasonal sport, the start of the season), the event organiser must submit an annual schedule of events to the National Commissioner of the South African Police Service.
Events that can't be on the annual schedule (s6(3))
If an event couldn't have been planned in time because it is unforeseen, or falls within those six months or during the year or season, you must submit a schedule for that event as soon as you start planning it.
What the schedule must contain (s6(2))
The prescribed information and enough detail about each planned event for SAPS to categorise its safety and security risk. SAPS may ask for more information (s6(4)).
If the schedule is incomplete, the National Commissioner may refuse to categorise the event, and must tell you in writing, with reasons (s6(6)).
Why it matters: nobody may organise an event without having complied with s6(1) or s6(3) and having public liability insurance in place (s5(1)). Breaching this is an offence carrying a fine and/or up to 20 years' imprisonment (s44).
The National Commissioner of the South African Police Service categorises each event in your schedule as low-risk, medium-risk or high-risk (s6(9)), and must take these factors into account (s6(7)):
The National Commissioner may ask you for more information and may consult anyone (s6(4), s6(8)). The categorisation is sent in writing to you and to the municipality where the event will be held (s6(10)).
For every event categorised as low risk, the event organiser must (s4(9)):
The safety plan must include (s4(10)):
You still need stewards and enough safety and security staff (s4(4)), public liability insurance (s25) and to have submitted the event for risk categorisation (s6).
An organiser who is an individual must be at least 21, even for a low-risk event (s4(8)).
Event safety and security planning committee (s15-s16)
Venue operations centre (VOC) (s17)
High-risk event safety certificate (s11): the organiser must apply to the National Commissioner at least 60 days before the event.
Organisers who are individuals must be at least 21 and have the capacity, resources and event-related experience to organise a medium- or high-risk event (s4(8)).
The controlling body, event organiser or stadium/venue owner must appoint (s4(4)-(7)):
These appointees must be present at the event and take reasonable steps to protect people and property.
Volunteers may be appointed to supervise arrangements or provide other services in support of the event.
Security work: stewards and volunteers may not provide security services unless they are registered security officers (under the Private Security Industry Regulation Act). For medium- and high-risk events, the planning committee must send details of the security service provider or security officers to the Private Security Industry Regulatory Authority (PSIRA) to check compliance (s16(3)).
Failing to make these appointments, or using unregistered people for security, is an offence carrying up to 20 years' imprisonment, a fine, or both (s44).
At a low-risk event, your written safety plan must cover emergency medical measures (including participant medical measures under the National Health Act), proactive and reactive fire measures, and emergency evacuation procedures for designated people in a major incident (s4(9)-(10)). At every event, your stewards must help people with emergency evacuation procedures (s4(4)(b)).
At medium- and high-risk events the SAPS-led event safety and security planning committee must ensure prescribed measures are in place for (s23):
The committee includes an emergency service provider, a health and medical service provider, the provincial health department and the municipal disaster management department or centre (s15(3)). It assigns tasks for emergency, essential services and event medical measures (s16(1)(c)) and sets measures for adequate access and accommodation for persons with disabilities (s16(1)(d)).
"Emergency services" in the Act means public and private medical services (including EMS and health services), the fire department, disaster management and municipal traffic or by-law enforcement (s1).
The venue operations centre (VOC) can be staffed by police, disaster management, private EMS, the fire department, health departments, traffic, private security, the controlling body, organiser, stadium owner, safety officer and volunteers, as the SAPS authorised member decides (s17(3)).
Certificates issued by the local authority (municipality) (s7-s10)
High-risk event safety certificate (s11)
If your event is categorised as high risk, you must apply to the National Commissioner (SAPS) at least 60 days before the event. It can carry conditions.
Organising an event without a valid stadium or venue safety certificate is an offence (up to 10 years); organising a high-risk event without the high-risk certificate carries up to 20 years (s44).
Inspections (s14)
Municipal inspectors (one of whom must be a registered advanced life support paramedic) may enter the stadium, venue or business premises at any reasonable time during the day, ask for certificates and records, copy documents and direct you to fix non-compliance. They must show a certificate of appointment on request, and you must cooperate.
Yes. Under s25 the controlling body, event organiser or stadium/venue owner must make sure public liability insurance, as prescribed, is in place for the event.
Subject to the controlling body's rules, the event organiser or stadium/venue owner may require spectators to buy tickets (s19). If tickets are sold:
Touting and complimentary tickets (s5(2))
Without the organiser's or stadium/venue owner's prior written authorisation, nobody may, for a commercial purpose, buy tickets to resell, sell or promote tickets, use tickets in advertising or hospitality and travel packages, or sell or dispose of complimentary tickets. This is an offence carrying up to 10 years' imprisonment, a fine, or both.
Accreditation and designated areas (s18)
Access control officers and searches (s20)
Traffic-free zones (s20(9)-(14))
SASREA's offences carry a fine, imprisonment, or both (s44). The maximum prison term depends on the offence.
| Maximum prison term | Offences that apply to organisers (s44(1)) |
|---|---|
| 20 years | Organising an event without submitting it for risk categorisation (s6) or without public liability insurance (s25) · failing to put the required safety and security measures in place, appoint the required safety staff and stewards, or cooperate with the planning committee and VOC commander (s4) · organising a high-risk event without a high-risk event safety certificate · ignoring a prohibition notice · failing to comply with a lawful police directive, or obstructing police, security, access control, emergency services or the planning committee |
| 10 years | Commercial ticket reselling or disposing of complimentary tickets without authorisation (s5(2)) · not cooperating with an inspector · organising an event at a stadium or venue without a valid safety certificate · building, altering or extending a stadium or venue without the required certificate · breaching the conditions of a safety certificate · obstructing the authorised member or VOC commander |
| 5 years | Any other offence under the Act, e.g. failing to comply with a spectator exclusion notice |
Regulations made under the Act can create further offences, with a maximum of 12 months' imprisonment (s45(4)).
Yes, in two ways.
Ask for reconsideration of a risk category (s6(11)-(12))
Appeal to the SASREA Appeal Board (s36, s42)
The Appeal Board is independent, has at least seven members appointed by the Minister of Sport on the advice of the National Assembly, and is administered by the national Department of Sport (s26, s38).