ARTICLE 1 - GENERAL
A. Introduction
The South African Tennis Association promulgates this Code of Conduct in order to maintain fair and reasonable standards of conduct for players, officials, coaches, parents and the organizers of the various tournaments, as well as to uphold their respective rights, and to maintain the integrity of the Sport of Tennis.
Due to the Code of Conduct having various sections, all sections will be covered individually and ALL form part of the SATA Code of Conduct. The sections are as follows:
On-Site Offences (Players, Coaches & Parents)
Fine Guidelines
Officials (South African Tennis Umpires Association - SATUA)
Coaches (South African Veterans Tennis Association - SAVTA)
Procedures for holding Disciplinary Hearings
B. SATA/SATUA Referee
The approved SATA/SATUA Referee and/or Supervisor for each Tournament shall be the final authority for the interpretation of the Tournament Regulations, Code of Conduct for On-Site Offences and the Rules of Tennis as to all matters arising that require immediate resolution at the tournament site.
ARTICLE 2 - ON-SITE OFFENCES
A. General
Every player shall, during all matches and at all times while within the precincts of the site of any SATA Tournament, conduct himself in a professional manner. The provisions herein shall apply to each player's conduct while within the precincts of each venue or site of the tournament, as well as any official hotel or event/function related to the tournament.
On-Site offences refer to either on-court actions, which can be penalized in accordance to the Point Penalty Schedule, or actions off-court while still on the tournament site, which can be penalized in accordance to the Fines Table.
B. Punctuality
Matches shall follow each other without delay in accordance with the announced Order of Play. The Order of Play shall be posted at a highly visible place in a general area as designated by the Referee.
The Referee shall designate an official clock for the event. Matches shall be called in accordance with the Order of Play using all available and reasonable means. Players shall be ready to play when their matches are called.
Any player not ready to play within fifteen (15) minutes after his match is called shall be defaulted unless the Referee in his sole discretion, after considering all relevant circumstances, elects not to declare a default. A player that is defaulted due to punctuality will be fined R100-00.
C. Dress and Equipment
1. Unacceptable Attire
Sweatshirts, gym shorts, dress shirts, T-shirts or any other inappropriate attire may not be worn during the match. This includes the warm-up unless approved by the Referee/Supervisor.
2. Visible Identification
a) Shirt, sweater or jacket
One COMMERCIAL (non manufacturer's) identification for each sleeve, neither exceeding 3 inches (19.5 cm) plus one MANUFACTURER'S logo not exceeding 2 inches (13 cm).
On the front, back and collar, two logos of the MANUFACTURER (2 inches) or one logo of the MANUFACTURER (3 inches). NO COMMERCIAL LOGOS ON THE FRONT, BACK OR COLLAR.
If a garment does not have any sleeves (ladies' dresses) the two commercial logos that would have gone on the sleeves may be placed on the font of the garment.
b) Shorts, skirts, tracksuit bottoms
Shorts: Two logos of the MANUFACTURER (2 inches) or one logo of the MANUFACTURER (3 inches). NO COMMERCIAL LOGOS.
Skirts: Two logos of the MANUFACTURER (2 inches) or one logo of the MANUFACTURER (3inches) will be permitted on the front lower panels of the skirt.
Compression Shorts: worn with shorts or a skirt, then only one 2 square inch logo of the MANUFACTURER will be permitted in addition, to the single 2 square inch logo of the MANUFACTURER which will be permitted on the shorts or skirt for ladies' matches.
Tracksuit Bottoms: One Manufacturers logo of three square inches is permitted. In the case where dresses are worn (ladies) the dress will be divided at the waist and the regulations pertaining to shirts and skirts will be used to determine the number of permitted logos on the garment.
c) Hats, headbands, wristbands
MANUFACTURER'S LOGO (2 inches). Writing is permitted for all events.
d) Bags, towels or other Equipment
Standard Manufacturer's logo to appear on the equipment
3. Warm-up Clothing
Players may wear warm-up clothing during the warm-up and during a match provided it complies with the foregoing provisions and provided further that the players obtain approval of the Referee prior to the match.
4. Change / Taping
Any player who violates this Section may be ordered by an official or the Referee to change his attire or equipment immediately and no taping over of such attire or equipment shall be allowed. Failure of a player to comply with such order may result in an immediate default.
D. Leaving the Court
A player shall not leave the court area during a match (including the warm-up) without the permission of an official. Violation of this section may result in a player being defaulted.
E. Best Efforts
A player shall use his best efforts to win a match when competing in a SATA tournament. Violation of this section shall subject a player of a fine (as per the fines table) for each violation. The Referee may also decide to penalize the player in accordance to the Point Penalty Schedule.
F. Ceremonies
A player participating in the finals of a SATA tournament must attend and participate in the final ceremonies after the match unless he is reasonably unable to do so. Violation of this section shall subject a player to forfeiting all ranking points at the tournament.
G. Unreasonable Delays
Plays shall commence play upon order of the Chair Umpire after the expiration of the established warm-up period. Thereafter play shall be continuous and a player shall not unreasonably delay a match for any cause.
A maximum of twenty (20) seconds shall elapse from the moment the ball goes out of play at the end of the point until the time the ball is struck for the first serve of the next point. If such serve is a fault then the second serve must be struck by the server without delay.
When changing ends a maximum of ninety (90) seconds shall elapse from the moment the ball goes out of play at the end of the game until the time the first serve is struck for the next game. If such first serve is a fault the second serve must be struck by the server without delay. However, during the change of ends during a tie-breaker, play shall be continuous without a rest period.
The receiver shall play to a reasonable pace of the server and must be ready to receive when the server is ready to serve.
Unreasonable delay on account of a medical condition or refusal to play shall constitute a violation of this section.
The first violation of this section shall be penalized by a warning and each subsequent violation shall be penalized by the assessment of a one (1) point penalty; provided, however, when a violation is a result of a medical condition or refusal to play after being ordered to play by an Official, a penalty shall be assessed in accordance with the Point Penalty Schedule.
H. Audible Obscenity
Players shall not use audible obscenity within the precinct of the tournament site. Violation of this Section shall subject a player to a fine (as per the fines table) for each violation. In addition, if such violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth. For the purpose of this Rule, audible obscenity is defined as the use of words commonly known and understood to be profane and uttered clearly and loudly enough to be heard by officials or spectators.
I. Coaches and Coaching
Players shall not receive coaching during a match. Communication of any kind, audible or visible, between a player and a coach may be construed as coaching. Players shall also prohibit their coaches (1) from using audible obscenity within the precincts of the tournament site, (2) from making obscene gestures of any kind within the precincts of the tournament site, (3) from verbally abusing any official, opponent, spectator or other person within the precincts of the tournament site, (4) from physically abusing any official, opponent, spectator or other person within the precincts of the tournament site and (5) from giving, making, issuing, authorizing or endorsing any public statement within the precincts of the tournament site having, or designed to have, an effect prejudicial or detrimental to the best interests of the tournament and/or of the officiating thereof.
Violation of this Section shall subject a player to a fine (as per fine table) for each violation. In addition, if such a violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth. In circumstances that are flagrant and particularly injurious to the success of a tournament, or are singularly egregious, the Referee may order the Coach to be removed from the site of a match or the precincts of the tournament site and upon failure to comply with such order may declare an immediate default of such player.
J. Visible Obscenity
Players shall not make obscene gestures of any kind within the precincts of the tournament site. Violation of this Section shall subject a player to a fine (as per the fine table) for each violation. In addition, if such violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth.
For the purposes of this Rule, visible obscenity is defined as the making of signs by a player with his hands and/or racquet or balls that commonly have an obscene meaning or import to reasonable people.
K. Abuse of Balls
Players shall not violently, dangerously or with anger hit, kick or throw a tennis ball within the precincts of the tournament site except in the reasonable pursuit of a point during a match (including the warm-up). Violation of this Section shall subject a player to a fine (as per the fine table) for each violation. In addition, if such violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth.
For the purposes of this Rule, abuse of balls is defined as intentionally hitting a ball out of the enclosure of the court, hitting a ball dangerously or recklessly within the court or hitting a ball with negligent disregard of the consequences.
L. Abuse of Racquets or Equipment
Players shall not violently or with anger hit, kick or throw a racquet or other equipment within the precincts of the tournament site. Violation of this Section shall subject a player to a fine (as per fine table) for each violation. In addition, if such violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth.
For the purposes of this Rule, abuse of racquets or equipment is defined as intentionally and violently destroying or damaging racquets or equipment or intentionally and violently hitting the net, court, umpires chair or other fixture during a match out of anger or frustration.
M. Verbal Abuse
Players shall not at any time directly or indirectly verbally abuse any official, opponent, sponsor, spectator or other person within the precincts of the tournament site. Violation of this section shall subject a player to a fine (as per the fine table) for each violation. In addition, if such violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth.
For the purposes of this Rule, 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.
N. Physical Abuse
Players shall not at any time physically abuse any official, opponent, spectator or other person within the precincts of the tournament site. Violation of this Section shall subject a player to a fine (as per fine table) for each violation. In addition, if such violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth.
For the purposes of this Rule, physical abuse is the unauthorized touching of an official, opponent, spectator or other person.
O. Unsportsmanlike Conduct
Players 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. Violation of this Section shall subject a player to a fine (as per fine table) for each violation. In addition, if such violation occurs during a match (including the warm-up), the player shall be penalized in accordance with the Point Penalty Schedule hereinafter set forth.
For the purposes of this Rule, unsportsmanlike conduct is defined as any misconduct by a player that is clearly abusive or detrimental to the Sport, but that does not fall within a prohibition of any specific on-site offence contained herein. In addition, unsportsmanlike conduct shall include, but not be limited to, the giving, making, issuing, authorizing or endorsing any public statement having, or designed to have, an effect prejudicial or detrimental to the best interests of the tournament and/or the officiating thereof.
P. Parent Interference
Parents shall not interfere and/or disrupt the progress of a match. Players shall prohibit their parents (1) from using audible obscenity within the precincts of the tournament site, (2) from making obscene gestures of any kind within the precincts of the tournament site, (3) from verbally abusing any official, opponent, spectator or other person within the precincts of the tournament site, (4) from physically abusing any official, opponent, spectator or other person within the precincts of the tournament site and (5) from giving, making, issuing, authorizing or endorsing any public statement within the precincts of the tournament site having, or designed to have, an effect prejudicial or detrimental to the best interests of the tournament and/or of the officiating thereof.
Violation of this Section shall subject a player to a fine (as per fine table) for each violation. In circumstances that are flagrant and particularly injurious to the success of a tournament, the Referee may order the Parent to either:
Be removed from the surrounding area where the match is taking place; or
Be removed from the precincts of the tournament site;
Upon failure to comply with such order may declare an immediate default of such player.
Q. Point Penalty Schedule
The Point Penalty Schedule to be used for violations as described and set forth above is as follows:
First Offence WARNING
Second Offence POINT PENALTY
Third and each subsequent offence GAME PENALTY / DEFAULT
However, after the third Code Violation (first Game Penalty), the Referee/Supervisor shall determine whether each subsequent offence shall constitute a Default.
R. Defaults
The Referee/Supervisor may declare a default for either a single violation of this Code (Immediate Default) or pursuant to the Point Penalty Schedule set out above.
In all cases of a default (Immediate or through the steps), the decision of the Referee/Supervisor shall be final and unappealable.
Any player who is defaulted as herein provided will be subject to the necessary disciplinary procedures (see suspension of players). In addition, any player who is defaulted as herein provided may be defaulted from all other events, if any, in that tournament, except when the offending incident involves a violation of the Punctuality or Dress and Equipment provisions or as a result of medical condition or when his doubles partner commits a Code Violation which causes the default.
S. Doubles Events
1. Point Penalties / Game Penalties / Defaults
Point Penalties, Game Penalties and/or Defaults if assessed for
violation of the Code shall be assessed against the team.
2. Fines
All fines relating to the violation of Article 2 of the Code of Conduct
shall be assessed only against the individual member of the team who is in violation, unless both members of the team are in violation.
T. Determination and Penalty
The Referee/Supervisor shall make such investigation as is reasonable to determine the facts regarding all Player On-Site Offences relating to the Code of Conduct, and the collecting of ALL on-site fines.
In situations that are flagrant, singularly egregious and injurious to the success of the tournament or the Sport, these matters will be referred to SATA for further action.
U. Payment of Fines
All On-Site fines levied by the Referee/Supervisor shall be paid prior to the commencement of the particular individuals next match at the tournament. In the case where the said player has been eliminated from the tournament, the fine shall be payable prior to the commencement of the next tournament. All fines shall be collected by the Referee/Supervisor and submitted to SATA with the tournament reconciliation documentation at the completion of the respective tournament.
A player that has accumulated R300-00 in On-Site Fines will face an automatic suspension.
V. Appeals of Fines
Any player convicted of a violation of a Player On-Site Offence may, after paying all fines in full, appeal to SATA for review of the determination of guilt and penalty therefore. Such appeal shall be submitted in writing within five (5) calendar days after the last day of the event.
Attached to and included with the appeal, shall be a statement by the player as to the facts and circumstances of such incident along with any other evidence that the player desires to submit.
Upon receipt of such an appeal, SATA will conduct a reasonable investigation along with the report submitted by the Referee, and shall either affirm or reverse the decision taken by the Referee. In the event of a reversal all fines will be refunded to the player.
W. Fines Table
The following fines have been implemented based on the respective sections of the Code of Conduct and Penalties awarded for On-Site Offences.
PLAYER ON-SITE OFFENCES |
JUNIOR PLAYERS - FINES |
SENIOR PLAYERS - FINES |
||||
Warning |
Point Penalty |
Game Penalty |
Warning |
Point Penalty |
Game Penalty |
|
Best Efforts |
R50-00 |
R50-00 |
R50-00 |
R50-00 |
R50-00 |
R50-00 |
Audible Obscenity |
R50-00 |
R50-00 |
R70-00 |
R50-00 |
R75-00 |
R90-00 |
Coaches & Coaching |
Parties are asked to leave if necessary |
Parties are asked to leave if necessary |
||||
Visible Obscenity |
R30-00 |
R50-00 |
R50-00 |
R50-00 |
R75-00 |
R90-00 |
Abuse of Balls |
R30-00 If out of court |
R50-00 |
R50-00 |
R30-00 If out of court |
R50-00 |
R50-00 |
Abuse of Racquets |
R50-00/R70-00 |
R50-00/R70-00 |
R50-00 |
R75-00 |
||
Verbal Abuse |
R50-00 |
R50-00 |
R70-00 |
R50-00 |
R75-00 |
R75-00 |
Physical Abuse |
Automatic Default |
Automatic Default |
||||
Unsportsmalike Conduct |
R30-00 |
R50-00 |
R70-00 |
R50-00 |
R75-00 |
R90-00 |
Parent Interference |
Parties are asked to leave if necessary |
Parties are asked to leave if necessary |
X. Suspension of Players and/or Parents
The SATA Manager of Junior Tennis or individual responsible for senior tennis shall cause an investigation to be made of all facts concerning any alleged Major Offence reported by the Referee and shall provide written notice of such investigation to the player involved; the player shall be given at least seven (7) calendar days to provide to the SATA Junior Manager / individual responsible for senior tennis such evidence as the player deems to be relevant to the investigation. Upon the completion of his investigation the SATA Junior Manager / person responsible for senior tennis shall determine the innocence or guilt of the player involved, and, in the latter case, shall state in writing the facts as found by him, his conclusions, and his decision fixing the penalty to be imposed. A copy of the decision shall be promptly delivered to the player and to SATA.
Incidents that will constitute a Major Offence are:
Fines issued totaling R300-00 (Junior Player)
Fines issued totaling R600-00 (Senior Player)
Player being Defaulted for On-Site Offences through the code of conduct
Coach / Parent Interference
Y. Discretionary Review and Appeals
Any player, coach or parent found to have committed a Major Offence may petition SATA for discretionary review of the determination and penalty of the SATA Junior Manager / person responsible for senior tennis. The petition shall be in writing and must be filed with SATA within five (5) calendar days after notice of the violation is mailed to the player. The petition should state in detail the reason for the appeal. SATA will then appoint a committee to convene a hearing and shall notify the player and SATA Manager of the date, time and venue. The committee may affirm, reverse, or modify the decision of the SATA Manager.
If the appeal is decided against the player, the player will be liable for all expenses incurred for convening the hearing. Such costs shall include, but will not be limited to, reasonable travel, accommodation, and value of time incurred by all witnesses and members of the committee.
ARTICLE 3 - CODE OF CONDUCT
SOUTH AFRICAN TENNIS UMPIRES ASSOCIATION (SATUA)
As with the high standard and professionalism and conduct required of players, SATUA and the ITF, ATP Tour and WTA requires a high standard of professionalism and conduct from its Certified Officials and all officials who officiate at such sanctioned and recognised events. These standards are as follows:
1. Officials must be in good physical condition.
2. Officials must have natural or corrected vision of 20 - 20 and normal hearing.
3. Officials must be on time for all matches assigned to them.
Officials must study, understand and master the Rules of Tennis, Duties and
Procedures for Officials and all Tournament Regulations and Codes of Conduct for events in which they are officiating.
5. Officials should maintain personal hygiene and should maintain a professional image at all times.
6. Officials must not drink any alcoholic drinks before any match on the day they are to officiate, or at any time on-site while play is in progress, or while in uniform. As a guideline, officials should not drink alcoholic drinks for twelve (12) hours before officiating.
7. Officials must maintain complete impartiality with respect to all players at all times. An official must not officiate in any match in which he/she has a relationship with one of the players that might be considered a conflict of interest. The perception of a conflict shall render an official unsuitable for such an assignment. Officials shall not socialise with or become intimate with players, or enter into any relationship or take any action that casts doubt on his/her impartiality as a tennis official. However, officials are not prohibited from staying in the same hotels as players nor from attending social functions at which players may be present.
8. Officials should not criticise or attempt to explain calls or decisions by other officials to anyone other than those officials or to co-officials.
9. Officials may not bet anything in any manner in connection with any tennis event. Officials must not induce or encourage any other person to gamble or enter into any other form of financial speculation on any match or occurrence at any tennis event. Officials must not receive any money, benefit or other reward (whether financial or otherwise) for the provision of any information concerning the weather, the players, the courts, the status of, or the outcome of, any match or occurrence at any tennis event.
10. Officials shall not have conversations with the crowd, except in the ordinary course of controlling the crowd during a match.
11. Officials must not participate in a media interview or meeting with a journalist where his / her statements relating to tennis officiating can be printed or broadcasted without the approval of the Referee or Officiating Manager.
Officials shall at all times conduct themselves in a professional and ethical manner and give due regard to authority of the SATUA Co-ordinator, Referee, court officials, tournament personnel, players and public. International and senior officials must also set a good example in their conduct to other officials.
13. Officials must make all tournament related requests to the Supervisor/Referee or SATUA Co-Ordinator or Chief Umpire, rather than making requests directly to the Tournament Director or staff.
14. Officials shall commit to each event he/she works until released by the Supervisor/Referee or Chief of Umpires/SATUA Co-Ordinator. If an official has accepted a tournament selection, he/she shall not withdraw from that tournament to officiate at another tournament at the same time, without the permission from the respective Officiating Representative.
Violations of the Code for Officials must be reported by the Supervisor/Referee to the governing body of the tournament and SATUA. The Supervisor/Referee has the authority to release an official from a tournament for a violation of the Code for Officials, but where practical this decision should be taken with the person responsible for officiating in the relevant organisation.
Nationally certified officials shall consult their respective Provincial Committees concerning matters relating to overseas travel, ITF schools and the talent identification group. The Provincial Committee will consult with the SATUA Co-ordinator. White Badge officials shall consult with the SATUA Co-ordinator concerning overseas applications and communications between National Associations.
17. Officials shall follow the SATUA protocol document (copy at committee) concerning the assignment procedures, and shall not accept assignments other than those from the Provincial Umpires Committee of the said officials Province or the SATUA Co-ordinator. This applies to all categories of tournament and all officiating capacities.
Officials who violate any of the required standards may have their certification withdrawn.
Official will be subjected to the disciplinary code as approved and endorsed by SATUA.
Officials shall at all times be bound by the SATUA Protocol Document irrespective of whatever capacity he or she is at a tournament for. This specifically includes the capacities of official, parent, spectator and coach, but is not limited to these capacities.
ARTICLE 4 - CODE OF ETHICS
TENNIS COACHES SOUTH AFRICA (TCSA)
1. The name "tennis coach" shall remain synonymous with a guarantee of honor, service and honest ethics.
2. The tennis coach's integrity and loyalty to the game and his true sense of responsibility to TCSA, sponsors, pupils, clients and fellow coaches must be placed above all motives.
3. Only registered Beginner Instructor, Intermediate Instructor, Instructor or Professional Tennis Coaches names will be put on the official panel of coaches.
4. The Beginner Instructor, Intermediate Instructor, Instructor or Professional Tennis Coach shall realize that the coaching profession is distinguished from any other profession by the uniqueness of quality of the professional relationship amongst all coaches and that community support and respect are influenced by the standards maintained by coaches.
5. Every member, in building up his own business, must avoid adversely affecting another member's business and must be loyal and honest in his relationship with his clients.
6. No member will attempt to solicit a position as coach at any school, club or organization at which another member is working, except where the committee of such school, club or organization already has declared a position vacant. It is the responsibility of members to ascertain whether the school, club or organization has the services of a registered member of TCSA prior to commencing negotiations.
7. No coach may offer incentives, outside his normal function as a coach, to obtain a position as coach at any school, club or organization over another coach. This includes the payment of court hire charges.
8. When a member advertises, he/she must clearly state that the said member is a Beginner Instructor, Intermediate Instructor, Instructor or Professional Tennis Coach registered with TCSA and a Provincial Association.
9. No member shall attempt to coach greater numbers of pupils than his facilities will allow.
10. Members shall not knowingly solicit the pupils of another registered TCSA tennis coach.
11. Criticism of the association by members is to be voiced at meetings of the association and shall not be made public without the minuted consent of the Board.
12. Members will endeavor to take an active interest in all functions organized by TCSA.
13. In honoring the Code of Ethics the coach shall:
deal with other members of the profession in the same manner as he wishes to be treated;
support other coaches who have acted on his behalf and at his request;
speak constructively about other coaches, but report honestly to responsible persons in matters involving the welfare of pupils, the coaching system and the profession;
maintain active membership in professional organizations and, through participation, strive to attain the objectives of such organized groups;
seek to make professional growth continuous by study, research, travel, attendance at professional meetings and conferences;
make the coaching profession so attractive in ideals and practice that sincere and able young people will wish to enter it;
in all matters of disciplinary nature all parties concerned shall honor the 'audi alterem partem' rule.
ARTCILE 5 - DISCIPLINARY PROTOCOLS & PROCEDURES FOR HEARINGS
LODGING OF COMPLANT
Complaints can come from any and many sources. Nobody can stop anyone lodging a compliant against a parent, coach or official.
Only complaints lodged in writing can and will be entertained.
Complaints may be handed/delivered/posted/faxed or emailed to SATA. IN the event of a complaint being received by a Provincial Committee, this must be forwarded to SATA.
SATA will direct the complaint to the appropriate authority to handle the matter.
Complaints must be received within five (5) calendar days of the completion of the event in which the incident occurred.
PROCEDURE ON RECEIPT OF COMPLAINT
Incidents pertaining to player/parent suspension have been discussed in points X and Y above. The following procedures will be followed when setting up such tribunals, and include procedures for conducting hearings. This includes coaches and officials.
A. In the event of a complaint being directed to SATA
-
SATA to inform appropriate Executive Committee
-
All members of the appropriate Executive Committee shall be informed of the receipt of the complaint by email;
-
Decision shall be made by return email from the Executive Committee members (by majority decision within twenty-four hours) as to whether: -
Appoint a disciplinary tribunal to hear the case;
Appoint the Provincial Committee (PC) to convene a DH and hear the case;
Reject the complaint totally and decide no further action of any form will take place;
-
Appropriate Executive Committee shall acknowledge in writing receipt of the complaint and advise the complainant of which procedure in 2 above is being followed;
-
Appropriate Execute Committee shall advise the official/coach and his/her PC concerned of which course of action in 2 above is being followed.
B. In the event of a complaint being directed to a Provincial Committee: -
-
SATA shall be immediately advised of such complaint;
-
Procedures as in A above shall be followed.
C. In the event of the complaint being linked to a Criminal Proceedings: -
-
Such complaint shall be handled by SATA or the appropriate Execute Committee as decided upon by SATA;
-
Executive Committee shall have the right to hold the matter over until such Criminal Proceedings are finalized;
-
Member shall be automatically suspended until all criminal proceedings are finalized. The member must be informed in writing of this suspension;
-
The responsible Executive Committee shall inform the member, within fourteen (14) days of the finalization of criminal proceedings, whether it intends proceeding with any DH and whether the suspension remains in force or is lifted.
It is imperative that the above actions are taken within forty-eight (48) hours of receipt of a complaint.
PROCEDURE PRIOR TO ACTUAL HOLDING OF DISCIPLINARY HEARING
The procedures prior to the holding of a DH will be the same no matter which body is responsible for the convening of such Hearing.
These are: -
-
The member/party shall be informed in writing (preferably at the same time as being informed of the complaint) of the date, time and place of the DH;
-
The member/party shall be informed of who the chairperson of the DH is;
-
The member/party will be supplied with a copy of the complaint;
-
The member/party will be advised of which the Codes of Conduct the complaint/s are applicable too;
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The member/party will be informed that he/she may cross-examine witnesses called by the DH convenors and may call witnesses in his/her defence. In instances where the member/party wishes to call such witnesses, such witnesses must be available on the day of the DH;
-
The member/party must inform the Chairperson at least one week in advance whether witnesses are to be called and if so, their names so as to enable the chairperson to determine the length of time needed to conduct the DH.
PROCEDURE AT A DISCIPLINARY HEARING
A DH shall be convened by a chairperson and be assisted by at least two assessors, one of whom shall be from the PC of the Province where the member/party is registered. A further person may, at the discretion of the Chairperson, be present to take the minutes of the DH. This person, however, will not participate in any way to the proceedings of the DH.
The following procedures shall take place: -
-
The chairperson shall read both the complaint and the sections of the Code of Conduct pertaining to the complaint to the member/party;
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The Chairperson shall seek confirmation from the member/party that all the necessary notifications necessary for the convening of the DH have been received, that the member/party is aware of his rights at the DH and that the member/party is conversant with the procedures to be followed for the conduct of the DH;
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The Chairperson shall ask the member/party whether he/she is guilty of the contraventions and ask the member/party to plead. In the event of there being no audible and/or reasonable rational response, the plea shall be taken as "not guilty";
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The Chairperson shall call witnesses, if any, and these witnesses shall be questioned in an orderly manner as determined by the Chairperson by the chairperson, assessors and the member/party. Order of questioning important. The Chairperson and assessors are entitled to redirect questions to their witness at the conclusion of the defendant member's/parties questions;
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Member/party thereafter calls his/her witnesses, and in this instance member/party questions witnesses first followed by chairperson. As in 4 above, the defendant member/party is entitled to redirect questions to his witness at the conclusion of the Chairperson's and assessors questions;
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The member/party cannot be forced to give evidence and has the right at all times to remain silent;
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After the conclusion of the leading of evidence the Chairperson and assessors shall pass judgment and the member/party informed of their decision;
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The Chairperson and Assessors will consider and take into account any aggravating circumstances in deciding the sentence;
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The member/party shall be asked whether there is any circumstance/s in mitigation of sentence that the tribunal should take into account in deciding the sentence;
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Sentence will then follow.
PROCEDURE AFTER DISCIPLINARY HEARING
After the conclusion of DH, the following procedures will follow: -
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Copy of minutes of the DH, judgment and sentence must be forwarded to Executive Committee and SATA within fifteen days of the DH;
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Executive Committee retains the right, in the event of the DH being convened by the PC, to reduce the sentence imposed on an official if considered to harsh;
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Member/party has the right to appeal to the appropriate Executive Committee. Such appeal shall be writing, shall be made within fourteen (14) days of the DH and shall state the reasons for such appeal;
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In the event of there being no appeal, the DH sentence is then binding on the member/party and all PCs;
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In the event of an appeal, the Executive Committee's decision shall be final. Note that in the event of Executive Committee's decision being that to reconvene the DH with either the Regional Chairperson or a member of the appropriate Executive as the Chairperson, the member/party shall be liable for all costs (travelling by air, hotel, transport, and time) incurred by that person in the event of the first DH decisions being upheld.
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The appropriate Executive Committee has the right to request that the defendant member/party to provide security for such costs prior to agreeing to reconvene the DH;
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The complainant shall be advised in writing that Disciplinary Procedure in terms of SATA's Procedures and Protocols have been enforced