Western Cape Colours Board Regulations

WESTERN CAPE COLOURS BOARD

[WCCB]

 

REGULATIONS

 

PREAMBLE

 

To introduce means aimed at regulating the awarding of Western Cape [WC] colours consistent  with the South African Sports Confederation and Olympic Committee’s [SASCOC] High Performance System: preventing the misuse or abuse of this colours; and generally to promote sport in the Western Cape through the effective control of  colours:

 

1.            Prohibit certain acts in relation to WC  colours;

2.            Create offences and prescribe penalties in relation thereto;

3.            Provide for the establishment of a Western Cape Colours Board;

4.         Confer upon the  Western Cape Colours Board the necessary powers to regulate the award of  Western Cape colours and to promote and protect the colours from abuse or misuse;

4.            Provide rules and procedures applicable to award of Western Cape colours;

5.            Provide a Code of Conduct;

6.            Provide for incidental matters.

 

SCHEDULE

 

Definitions

1.    In these regulations, unless the context otherwise indicates;

“Colours" constitute the logo/emblem placed on the official blazer, tie, scarf, etc; All other memorabilia such as T-shirts, tracksuits, caps, etc. with the official logo/emblem are seen as promotional items.

“Athlete” means a sportsman or sportswoman who …..;

ColoursBoard” means the Western Cape Colours Board established by Regulation 2;

WCCB” means the Western Cape Colours Board;

Code” means the Code of Conduct for the award of WC colours and for the conduct of athletes, officials and members, adopted by WCCB and WC Sport Council and its respective constituent members, and as amended from time to time;

NCC” means the National Colours Commission;

Minister” means the National Minister responsible for Sport and Recreation in South Africa;

“MEC” means the provincial Minister of Cultural Affairs and Sport, Western Cape;

“Member” means a National Federation or other [3 categories as per 5.1, 5.2 and 5.3 of the Articles of Association of a Company not having a share capital], which is a member of SASCOC;

Provincial Coloursmeans any or more of the following:

(i)            the name, title or designation the official logo as accepted by the WCCB;

(ii)          the word Western Cape used as a badge or emblemor part thereof on including formal and informal clothing including sports clothing, replica or anything related to Western Cape sport;

(iii)         the colours dark blue [code…….] and white [code……] used as part of a prescribed uniform or dress in connection with sport;

(iv)         any name, badge, uniform, emblem, device, trade mark, design or similar matter in respect over which the WCCB has any rights, whether by virtue of registration or otherwise;

“ team(s)”- means a team of one or more sportsmen and/or sportswomen selected in terms of an approved selection process to represent Western Cape at the any  level, in a sporting contest involving one or more provinces;

“Participation apparel” – means match or contest clothing, apparel, uniform, kit or step-out apparel

SASCOC” means the South African Sports Confederation and Olympic Committee, which is the body for the time being, which administers or controls any sport at a national level and whose members are appointed by affiliated , national or other constituent sporting association ;

“Western Cape Sport Council [WCSC]” means the advisory body to the MEC of Sport consisting of the recognised  regions as demarcated in the Western Cape;

“DCAS” means the Department of Cultural Affairs and Sport of the Western Cape;

Secretariat” – means the person[s] appointed by DCAS as such in terms of regulation of the Western Cape  Government;

Sport” – means a form of activity or activities which require(s) a significant level of physical or mental activity, and in which participants engage in a structured environment for the purpose of declaring a winner;

“Sportsman/Sportswoman” means a sportsman or sportswoman who is a participant in a particular sport in accordance with the rules of the national controlling body;

 

Establishment of the Western Cape Colours Board

 

2.  A Western Cape Colours Board is hereby established. [Section 11 Act 110 of 1998]

 

Objects of the Board

(3). The objects of the Board are:

(i)         to introduce a standard for the award of  provincial colours; 

(ii)        to discourage any misuse or abuse of  provincial colours;

(iii)         to make provision for the resolution of disputes related to awards of provincial colours;

(iv)         generally, to promote sport in the Western Cape,  through the usage and effective control of the provincial colours;

(v)          to ratify or refuse to ratify the award of provincial colours to a person nominated therefore;

(vi)         to adjudicate in any matter referred to it in relation to provincial colours;

(vii)        to promote the image, standing and repute of provincial colours nationally and internationally;

(viii)      to co-operate and liaise closely with persons, bodies, local authorities and Government departments concerned with the advancement of sport on a local, regional, provincial and national level;

(ix)         to advise NCC/WCSC on the use of provincial colours by any person, body or local authority by way of advertising or as a trade mark, or in connection with goods or services, or in any other manner on such terms and conditions as it may see fit;

(x)          to monitor and maintain records of all awards of regional and provincial colours.

 

Functions, powers and duties of the Board

4 (1) The functions of the Western Cape Colours Board shall be to achieve its objects with the means at its disposal, and for the purpose of achieving those objects the WCCB may:

 

(a) Act as an advisory body of WCSC  with regard to all matters affecting provincial  colours, the control and use thereof, and to make rules in regard thereto;

(b)  Discourage any abuse or misuse of provincial colours and to protect same against any infringement or limitation;

(c)  Determine whether any application received for provincial colours falls within the ambit of the definition of Sport, and whether such application warrants the award of Western Cape Colours;

(d)  Recommend disciplinary or legal action against any member or individual (or to ensure that the appropriate controlling body does so) as a result of any conduct, action, or statement which, in the opinion of the WCCB or any disciplinary committee appointed for that purpose, is considered to be in breach of these regulations, or constitute an abuse or misuse of the emblem, or constitute bringing the emblem into disrepute;

(e)  Take such action or steps as may be necessary or desirable to achieve the afore going and to co-operate and liaise with any government department or any authority to that end;

(f)   Maintain full and complete records of all awards of Western Cape colours both past (to the extent that this is possible) and in future;

(g)  Do whatever it deems necessary or expedient in order to fulfill the purpose and objects for which the WCCB is established.

 

Control over and management of affairs of the Board

5(1) The affairs of the WCCB shall be managed by WCSC, which shall determine the policy and objectives of the WCCB and shall exercise control generally over the performance of its functions, the exercise of its powers, and the execution of its duties.

 

 5 (2) the WCCB shall consist of -

(a)  a chairperson elected by members of WCCB;

(b)  no fewer than two members of each region, which shall exclude non elected members      appointed or co-opted by the WCCB and;

(c)  the secretary, who shall be an DCAS official, or his or her nominee[s], who shall serve on the WCCB by virtue of his or her office.

 

5(3) A member of the WCCB, excluding the secretary, shall hold office for a period not exceeding three (3) years but shall be eligible for re-appointment.

 

5(4) The chairperson and members of the WCCB shall be persons who have achieved distinction in sport or who have special knowledge or experience in relation to some aspect of the WCCB’s functions.

 

5(5) The chairperson, or in his or her absence, a member of the WCCB elected by the members present, shall preside at any meeting of the WCCB.

 

Meetings of WCCB

6 (1) The meetings of the WCCB shall be held at such times and places as the WCCB may determine.

 

6(2) The chairperson may at any time call a special meeting of the WCCB, which shall be held at such time and place as he or she may direct.

 

6(3) The quorum for a meeting of the WCCB shall be a majority of its members.

 

6(4) A decision of the WCCB shall be taken by the resolution of the majority of the members present at any meeting of the WCCB and, in the event of an equality vote of any matter, the person presiding at the meeting in question shall have a casting vote in addition to his or her deliberative vote as a member of the WCCB.

 

6 (5) Resolution in terms of 6(4) shall have a binding effect on the WCCB.

 

Ownership of intellectual property in Western Cape colours

7 The rights in all WC colours and logo/emblem shall vest in WCCB which shall make such provincial colours available for use in the public interest subject to such conditions and the payment of such fees or royalties as the WCCB may determine in writing, subject to such arrangements as may be agreed in writing between the WCCB and the provincial  federations and/or private enterprises for payment of such fees and royalties.

 

The Delegation of Functions and Powers

8(1) The WCCB may-

(a)          delegate to the chairperson, secretary or  other members of the WCCB or employees of DCAS any power conferred upon the WCCB  on such conditions as the WCCB may determine in writing;  or

(b)          authorise the chairperson, secretary or any other member of the WCCB or employee of DCAS to perform any duty assigned to the WCCB by or under these regulations.

 

8 (2) The chairperson may:

(a)          delegate to an employee of DCAS any power conferred upon the chairperson by or under these Regulations; and

(b)          authorize that employee to perform any duty assigned to the chairperson by or under these Regulations.

 

8(3) Any delegation under sub-regulation (1) or (2) does not prohibit the exercise of a power in question by the WCCB or the chairperson, as the case may be.

 

Recognition of awarded colours

9(1) If at the commencement of these regulations any matter has not been disposed of by the WCSC a committee thereof entrusted with the awarding of provincial colours, the WCCB may continue with the disposal of the matter in accordance with the provisions of these regulations, and anything done in connection with that matter shall be deemed to have been done by the WCCB.

 

9(2) Any provincial colours awarded by any relevant body prior to the commencement of these regulations shall continue to enjoy recognition, as though awarded in terms of these Regulations.

 

Offences

10(1)   A person may not:

(a)          without the necessary authority, use the provincial colours or any colours confusingly or deceptively similar thereto in the course of trade or otherwise;

(b)          project himself or herself as representing Western Cape in an official capacity in a sporting activity without written consent from WCCB;

(c)          unlawfully and without the authority of the WCCB misrepresent that he or she is entitled to wear provincial colours;

(d)          commit any act, directly or indirectly, which brings the provincial colours into disrepute.

 

10(2)   If an offence is alleged to have been committed, the WCCB may recommend to WCSC that it proceed in terms of regulation 4(1) (d) of these regulations.

 

Penalties

11. Any offence referred to in regulation 10 may be punishable with a fine not exceeding R10000, 00 (Ten Thousand Rands).  Other forms of penalties e.g. suspension, expulsion etc., may also be considered.

 

Eligibility rules and procedures

12(1) provincial colours may be awarded to athletes of members.  

 

12(2) Regulation 12(1) above shall only apply to sportsmen and sportswomen who represent Western Cape in national/interprovincial competitions of the required nature and standard as recommended by the relevant member, which recommendation is approved by the WCCB, consistent with the SASCOC High Performance System.

 

Applicable conditions

Fair selection process

13(1) A selection process may only be deemed to be fair if provincial trials with an approved selection process were held or conducted by the relevant member in order to select such Western Cape team/s and that reasonable, fair and equal opportunities were provided for every eligible sportsman and/or sportswoman that qualified, to participate in such trials.

 

13(2) A selection process shall be deemed unfair and inequitable if:

a)    eligible sportsman and/or sportswoman are excluded from such provincial team on the basis of them not being able to finance their participation in the provincial trials and/or team;

b)    Eligible sportsman and/or sportswoman are excluded from such provincial team(s) because of negative discrimination, which grounds for discrimination may include religious, gender, colour, sexual orientation or creed.

 

 

Participation as requirement

13(3)   Provincial Colours may be awarded specifically to sportsman and/or sportswoman who actually participate as a member of a representative team or as an individual and to the official reserves, if merited and as determined by the technical rules and regulations of the relevant member and its national controlling body.

 

Authority to award provincialcolours and duty of protection

13(4) The authority to award provincialcolours to any individual vests with the

WCCB, acting in consultation with the relevant member concerned.

 

13(5) Notwithstanding 13(4) above, all members have a duty to ensure the prestige of provincial colours and to protect them against abuse and/or misuse.

 

First time applicant’s policy submission

13(6)   The WCCB  does not act as a selector but will at all times require proof of the standard and nature of the particular national/interprovincial competitions, details about the selection panel, and the method employed regarding the selection process. It is required of a member applying for the first time for the award of provincial colours, to submit to the WCCB its policy with regards to the award of Member Colours (Junior and Senior).

 

Exception to the rule

13(7)   The officials component of a provincial team or individual athletes, will not be awarded provincial colours, except for managers and coaches. In the case of large teams or in the case of multi-faceted codes of sport and sport for the disabled, a motivated request may be submitted to the WCCB for the award of colours also to assistant managers and/or assistant coaches and other relevant officials.

 

Specific exclusion

13(8)   Other members of the support/management team such as, inter alia, medical staffs, physiotherapists, trainers, heads of delegation, and skippers,  do not qualify for provincial colours, but may receive a Certificate of Recognition from WCCB. In the event of multi-coded sports events, i.e. teams representing Western Cape in events such as the SA Games, SA Championships, etc, an exception is made regarding the award of colours also to the Chef-de-Mission, and to such other selected officials as the WCCB may from time to time decide.

 

Nationality

13(9)   provincialcolours will only be considered for sportsmen and sportswomen who can submit proof that they are South African nationals, i.e. they must be in possession of a valid South African passport.  Athletes with South African resident permits only are not eligible.

 

Junior Provincial Colours

13(10)A category for “junior” colours has been instituted for those members who are able to substantiate that in the international rules of their particular discipline, provision is made for bona-fide junior world championships and junior continental championships. A maximum age, which differs from sport to sport, is usually prescribed.  Junior WC colours may be awarde for  “age-group” competitions and such colours shall have the designation “Junior” or “Age-group [U/16] underneath the prescribed insignia.

 

The applicable national rules must be lodged with the WCCB and must form part of the policy document referred to in article 13(6) above. All other eligibility regulations as described herein for senior colours are also applicable to the award of junior colours.

 

 

14 PROCEDURES

 

Application forms

14(1)   Application for provincialcolours made by members must be made in the form of Annexure A, attached hereto, and obtainable from WCCB’s offices.

14(2)   Only applications properly completed will be considered. All applications for WC colours should be submitted within (30) thirty days of the event for which provincialcolours are applied.

14(3)   After the award of colours has been awarded by the  WCCB, the names of the recipients are entered onto the central WCCB Register (data base).

14(4)   Certificates for recipients of provincial colours are issued upon the award of provincialcolours by WCCB.

 

Certification and ratification 

14(3)   Notification forms in the form as set out in Annexure B attached hereto and obtainable from WCCB’s offices must be completed for athletes participating in WC Teams in respect of athletes who have previously been awarded WC Colours.

 

Documentary proof of international status

14(5)   Documentation providing the necessary proof of the status of the national/interprovincial event in question and confirming the invitation by the host province/federation/organisation, must accompany the application. The WCCB may, at its own discretion, consult the host province/federation/organisation (or event organiser) in order to ascertain the status of the particular event.

           

Written confirmation

14(6)   The applicant member will be advised in writing of the outcome of its application for the award of provincialcolours. In all instances the decision of the WCCB will be final.

 

Code specification

14(7)   Applicant members must clearly indicate the relevant Sporting Code that will appear on the badge.  The words coach and/or manager must appear under the name of the sport as the case may be.

 

Hand-over of provincial colours

14(8)   In order to afford the necessary status to the award of provincial colours, it is strongly recommended that members arrange a proper handover function to which a delegated representative of WCSC or member of the WCCB  may be invited in order to hand over the provincial colours prior to the participation of the athletes. At this occasion, the member in question must also hand to all recipients of provincial colours, a copy of the Code, in order to ensure that sportsmen and sportswomen behave in a manner that befits their status when accepting provincial colours. 

 

Licensing and merchandising

15(1)   WCCB may appoint a licensing agent to handles all aspects relating to the licensing and merchandising of the WC emblem and enter inter alia into agreements with members or persons regarding the use of the emblem on merchandise.

 

15(2)   No person or organisation including members of the WCCB, are entitled to the use of the WC emblem in whatever form without written approval of WCCB

 

15(4) all provincial participation apparel and merchandising items must be approved by WCCB.

 

Member Colours

16(1)   Members are entitled to use their own colours, emblems and insignia which they award and use in their sole discretion. “Member” colours should be used in the case of invitation matches, “B”- and Veteran (Master) - sides, “Development” teams competing against other provinces in friendly matches honorary/long service awards, amongst others. 

 

16(2)   No member is allowed to use the WC emblem, or any combination thereof as member colours purposes of awarding member colours.

 

16(3)   “WC colours” are reserved for interprovincial participation only and reserved for athletes representing Western Cape in competitions at the highest level consistent with SASCOC High Performance System (national championships against fully representative teams or individuals from another provinces.

 

16(4)   The provincial badge consists of the logo with the wording WESTERN CAPE appearing under it followed by the name of the code of sport, e.g. Athletics. The only other wording allowed on the badge is the designation “MANAGER” /“Assistant Manager” and/or “COACH”/ Assistant Coach. In the case of multi-coded teams the additional wording e.g. “SOUTH AFRICAN GAMES 2008" must also appear on the badge.

 

Participation Apparel for Western Cape Teams

17(1)   Members and WCCB shall adhere strictly to the approved colour combinations, being predominantly blue and/or white, but only in the event of colour clash with the opposition team apparel.  Members may deviate from this only in cases where, in a code of sport, a specific colour uniform is mandatory (e.g. gymnastics, ballroom dancing, equestrian vaulting) and then only through written approval from the WCCB.

 

17(2)   Subject to the requirements of the relevant national federation, the WC badge as attached [addendum A] must be visibly displayed in the apparel on the chest on the left hand side. WCCB is aware of the expectations of sponsors for the display of their logos on uniforms. To this extent, the technical sponsor logos may appear on the right side of the competition apparel but may not exceed the size of the WC badge. The minimum acceptable size of the national badge at any given time on the apparel must be 7cm in length and 6, 5 cm wide, excluding the designation.

 

Code of conduct

All athletes, members and officials will adhere to the Code of Conduct published in terms of these Regulations.  A copy is attached as addendum B.

 

 

 

 

 

 

 

 

 

ADDENDUM A:  WESTERN CAPE LOGO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ADDENDUM B:  CODE OF CONDUCT

 

REVISED 18 APR 2008

WESTERN CAPE  COLOURS  BOARD

 

 

      CODE OF CONDUCT

 

The CODE OF CONDUCT applies to all who participate in the Western Cape Sports Arena.  The WESTERN CAPE [WC] consists of the official recognised Regional Sport Councils of Boland, South Western Districts,  West Coast & Western Province.

 

 

1.                     PARTICIPANTS  are:

 

 

·                     Sportsmen

 

·                     Sportswomen

 

·                     Coaches

 

·                     Managers

 

·                     Any other officials

 

·                     Any person or persons accompanying the team.

 

2.1         Once Western Cape colours are bestowed and accepted,

all participants are bound by the CODE OF CONDUCT.

 

2.2       Representing the Western Cape is an honour reserved for the

selected and the ultimate honour would be victory.

 

2.3         Participants are ambassadors of the Western Cape and as

such must behave in an exemplary manner and must be a                      

credit to the Western Cape.

 

3.1.        Guidelines have been compiled to serve as broad criteria for

all those involved in representative participation in order to

ensure –

 

·                     basic uniformity,

·                     group unity,

·                     discipline

·                     friendly and comfortable disposition within the group or

team.

 

 

3.2.        Sport Federations within the WC must ensure that team management consists of seasoned and responsible adults who can provide the necessary guidance to young and or inexpe-rienced team members, especially if participants are travelling for the first time.

 

3.3.      Each Sport Federation must have a Code of Conduct.

 

3.4         Every participant shall, during all events and at all times

while participating in the sports arena conduct themselves in a

true sportmanslike manner.  These provisions apply to each

participant’s conduct while within the precincts of each

venue or site of the tournament, as well as at any official

event or function related to the tournament, including

while travelling and while wearing the official colours.

 

3.4.1             PUNCTUALITY must be adhered to.

 

3.4.2             DRESS – must conform to the standards as set out by the

     Western Cape Colours Board.  The official dress of the team

     should be worn at departure and arrival and at official

     receptions.

 

3.4.3             LEAVING THE PREMISES OF THE SPORTS VENUE

may only be allowed with the permission of the team   management.

 

3.4.4       CEREMONIES – Opening and Closing Ceremonies must be

    attended with due respect to all speakers and organisers.

 

3.4.5       CONDUCT especially when travelling – bad language,

    rowdy behaviour, singing of vulgar songs will not be

    permitted.  Participants and persons accompanying the team,  

    must respect fellow travellers and must be well behaved in  

    public places, at venues, towards staff or hosts and respect

    the persons and property of others.

 

3.4.6         UNSPORTSMANLIKE CONDUCT – participants shall at

    all times conduct themselves in a sportsmanlike manner and

    give due regard to the authority of officials and the rights 

    of opponents, spectators and others.  If such violation

    occurs during a event (including a warm-up) the participants 

    shall be subject to disciplinary action.

 

3.4.7         AUDIBLE OBSCENITY – participants may not use words

    commonly known and understood to be profane and uttered

    clearly and loudly enough to be heard by others.  This would

    be considered a violation of the Code of Conduct.

 

3.4.8         VISIBLE OBSCENITY – participants may not make obscene

    gestures of any kind.   This would also be considered a

    violation of the Code of Conduct.

 

3.4.9       VISIBLE OBSCENITIES on clothing or any equipment of

    participants or persons accompanying the participants would

    also be considered a violation of the Code of Conduct.

 

3.4.10    VERBAL ABUSE – participants and persons travelling with

    the team, shall not at any time directly or indirectly

    verbally abuse any official, opponent, sponsor, spectator or

    other person while representing the Western Cape, while

               wearing the Western Cape Colours or while travelling with

    the Western Cape team. Verbal abuse is defined as a

    statement about an official, opponent, sponsor, spectator or

    other person that implies dishonesty or is derogatory,

    insulting or otherwise abusive.

 

3.4.11      PHYSICAL AND SEXUAL ABUSE – participants or persons travelling with t  

               the team, may not at any time physically or sexually abuse any official,  

               opponent, spectator or other person.  Physical and sexual abuse is the  

               unauthorised touching of or sexual advances to an official, opponent,

               spectator or any other person.

 

3.4.12      SUBSTANCE ABUSE – by participants and persons

               accompanying the team will be regarded as a violation

    of the Code of Conduct and can lead to disciplinary action.

 

3.4.13       DRUGS, and the use thereof, will not be tolerated.  Subscription drugs  

                must be checked for content.  The WADA code will apply and must be  

                adhered to.  

 

3.4.14      ALCOHOL abuse will not be permitted.

 

3.4.15      TOBACCO use while wearing Western Cape Colours will not

                 be permitted.  

 

4          DISCIPLINARY ACTION

4.1       Any disciplinary action taken by a Regional Sport Federation

            must be reported to the Western Cape Colours Board.

 

4.2         The Western Cape Colours Board reserves the right to convene and implement:

 

4.2.1.        A DISCIPLINARY HEARING

4.2.2.        THE SANCTIONING OF PLAYERS

4.2.3.        THE WITHDRAWAL OF WESTERN CAPE COLOURS           

4.2.4.        THE REVISION OF THE OUTCOME OF THE                         DISCIPLINARY ACTION AS PER 4.1.

 

5          DISCIPLINARY HEARING

5.1      If the Code of Conduct is infringed, disciplinary steps, in the   

           discretion of the Regional Sport Federation and the Western

Cape Colours Board may be taken against such participant. 

 

5.2         A participant may by sanctioned on violation of any grounds appearing under any items as set out above in the Code of Conduct.

 

5.3         The Western Cape Colours Board reserves the right to withdraw Western Cape colours which have been awarded to any participant, on any violation of the Code of Conduct.

 

5.4         The Western Cape Colours Board reserves the right to revise the outcome of any Disciplinary Action taken by any Regional Sport Federation relating to a code of conduct violation.

 

6          LODGING OF COMPLAINTS

 

 

 

 

 

6.1       PROCEDURE ON LODGING OF COMPLAINTS

 

 

6.1.1               Step 1:           A participant or other party must lodge a complaint with their Regional Sport Federation.  The Regional Sport Federation must inform the Western Cape Colours Board.

 

6.1.2               Step 11:         If no satisfactory decision is reached the participant or other party may lodge a complaint with the WC Colours Board.

 

6.1.3               Step III:          If the matter is still not satisfactorily settled, the participant or other party may lodge a complaint with the Western Cape Provincial Sport Council.

 

 

 

 

 

 

 

 

 

Compiled by

Dave van der Walt

20 April 2008