Early this month, Parliament passed the National Sports Bill, 2022, establishing the National Anti-Doping Organisation in Uganda among other regulations for sports activities, including prohibitive penalties against sexual exploitation, manipulation of sports results, bribery, betting, acts of violence, hooliganism and misappropriation funds. New Vision examines how the proposed new law will refine sports activities and nurture talent across the country.

Last year, journalists captured what soccer fans described as a “horrible” image: A football fan holding two stones at Wankulukuku stadium in Kampala. During the commotion, many fans participated in the melee, which was during the Uganda Premier League football game between SC Villa and Wakiso Giants, which ended abruptly.

After investigations, the Federation of Uganda Football Associations (FUFA) confirmed that SC Villa fans threw stones and poured urine at match officials contrary to competition rules.

Last year, Onduparaka football team was forced by FUFA to play home matches behind closed doors in order to curb hooliganism.

Amidst the debate to end hooliganism, fans called upon FUFA to take action to end all forms of violence in order to make football and other sports safe for supporters and other stakeholders.

The punishment, the fans said, “should be swift and heavy” so that anyone who thinks of participating in any hooliganism, thinks twice before taking that route.

Yet, according to the MPs, the legal framework to curb the vice of hooliganism, among other un-sporty activities, was not sufficient.

Tough penalities

The Bill now proposes that a person convicted of the offences of violence and hooliganism shall in addition to the penalty prescribed make good the loss and damage suffered and be banned from participating in or attending sports events and competitions for a period not exceeding three years.

The Bill provides that a person who is convicted of offences of violence and hooliganism shall be liable to a fine not exceeding sh40m or imprisonment not exceeding 10 years or both and shall in addition to the penalty, pay the concerned national sports federation or athlete damages caused.

Developing sports activity in the country, MPs added, needed a new legal regime.

According to the preamble for the Bill, which was tabled by sports state minister Peter Ogwang (Ngariam County, NRM), the proposed law seeks to repeal the National Council of Sports Act, Cap 48.

Enacted in 1948, Ogwang said, the National Council of Sports Act is inadequate when it comes to addressing the current challenges of sports administration and management in the country.

If the President assents to the Bill, which was mooted as a private member’s Bill by FUFA president Moses Magogo (Budiope East, NRM), it will create the National Anti-Doping Organisation to ensure transparency in vetting sportsmen and women for local and international competitions.

The Bill, which was passed by the House, chaired by Speaker Anita Among (Bukedea Woman, NRM), also proposes prohibitive penalties against sexual exploitation, manipulation of sports results, bribery, betting, acts of violence, hooliganism, misappropriation of funds and many others.

If somebody is found guilty of manipulation of sports results, bribery, betting, fixing games or such a person engages in acts that alter the outcome of a sports game, a fine of sh100m or imprisonment for 10 years or both is the penalty that the proposed law has created.

Sports malpractices and unethical behaviour, among other vices, now attract a fine within the range of sh400m to sh1.4b on conviction or imprisonment for 10 years.

As a way of preventing the occurrence of malpractices which undermine sports progress, MPs said sexual harassment or exploitation of sportsmen and women, should be penalised with a fine of sh9.6m or imprisonment for 10 years upon conviction.

The proposed sports Bill proposes that a body corporate shall be deemed to have committed an offence if the act or omission constituting the offence was committed by a person who has the power to represent the body, has the authority to take decisions and has the authority to exercise control over the affairs of the body corporate.

The Bill prohibits a person licensed under the Lotteries and Gaming Act, 2015 to allow betting on a sports activity or using results of a sports competition organised by a national sports federation, without the written authorisation of the national sports federation.

As another remedy for preventing manipulation of sports competitions, the Bill further prohibits betting by a person who is a match official, referee, umpire or match adjudicator, a coach or trainer, an athlete or participant in a sports discipline, owner of a sports club, member of a national sports federation and an employee of a federation or sports club.

The Bill also prohibits a member of the board, officer or staff of the National Council of Sports to disclose any information obtained in the course of his or her employment.

Contravening the above provision, the proposed law notes, will attract, upon conviction, a fine not exceeding sh960,000 or imprisonment not exceeding 12 months or both.

Reward scheme

As a mechanism for motivating sports personalities, the Bill provides for the establishment of the National Recognition and Reward Scheme by the Government to recognise and award outstanding sports personalities.

“The Minister may, in consultation with the Minister responsible for finance and Minister responsible for public service, by statutory instrument, prescribe the awards including monetary payments, pension and gratuity that may be awarded to the sports personalities under the National Recognition and Reward Scheme,” the Bill states.

When the Sports Bill had just been tabled, the Deputy Speaker of Parliament Thomas Tayebwa (Ruhinda North, NRM) guided that the Parliament Committee harmonises the Government Bill with the private member’s Sports Bill that had been tabled by Magogo to give the country a good law.

“This Bill by the government will complement areas of weakness for the private member's Bill such as providing for funding for some initiatives which could not be proposed by the private Bill since article 93 of the Constitution prohibits private Bills to introduce proposals which have a charge of the consolidated fund,” Tayebwa said at the time.

While moving the motion, Magogo said the lack of a single piece of legislation governing the incorporation and operation of national sports associations and sports clubs has resulted in governance and administration challenges.

“There is a need to enact legislation to streamline the incorporation, registration, management and recognition of sports associations and sports clubs as well as national sports associations in order to achieve the objectives of their creation,” Magogo added.

“Up to today, some federations have received zero release yet we are in the third quarter of the financial year 2022/2023. There is a need to prioritise funding for sports. There is a total breakdown of sporting infrastructure in the country,” he added.

Beyond entertainment, social networking and physical fitness, MPs said sports activities have become highly commercial and provide a good source of lucrative economic opportunities for the country.

Standing out as one of the fastest-growing sectors in the world, the global sports market grew from $354.96 billion in 2021 to $496.52 billion in 2022 at an annual growth rate of 39.9%.

In the Parliament Education and Sports Committee report on the Bill, members raised concern that whereas the law proposes the establishment of a National Recognition and Reward Scheme for outstanding sports personalities including monetary payments, pension, pension, and gratuity, the budget for the scheme has not been included in the 2023/2024 national budget.

The committee is also equally concerned that the budget for the sports sector has been cut by the government from sh47.8b in the 2022/2023 financial year to only sh17.3b.

What MPs said

Sarah Opendi (Tororo District Woman MP, Independent)

Enacting a good sports law is a good move. Sports funding however should be opened up to allow the private sector to play a bigger role and this can be achieved through legislation. 

Richard Oseku (Kibale County, NRM)

The Sports Bill is good, but not enough for the development of our sports sector. The sector has become so lucrative globally. We need enhanced efforts for developing infrastructure for training for the sports fraternity and also ensuring trainers' funding. There is a lot of untapped talent within communities. We need a national talent identification and nurturing programme. We need more funding for the sports sector. Local governments have meagre budgets for sports activities.

Noah Wanzala Mutebi (Nakasongola County MP, NRM)

When you travel abroad, you realise that other countries have better sports facilities. In Nigeria, each state has a big stadium. We need high-quality stadiums constructed in all the regions of the country. It is a big embarrassment that currently we don’t have a single public stadium that qualifies to host international matches. The sports sector has been neglected for long.

Peter Mugema (Iganga Municipality, Independent)

We just need to incorporate sports federations into a single federation instead of having multiple federations like chase, ludo, Taekwondo and others. As the committee has suggested in their report on the Bill, it is necessary for the government to place all sports fields under a single federation called the National Council of Sports for proper management.

Paulson Luttamaguzi (Nakaseke South, DP)

The sports sector has never been a priority for the NRM government even when it is clear that globally sports has become highly commercial and can be used as a tool to promote a country’s tourism sector. There is a need for the sports sector budget to be significantly increased to at least a minimum of sh100b annually in the next five years for all the necessary sports facilities that meet international standards to be established.

Eng. Moses Magogo (Budiope East MP, NRM)

This newly passed Bill will help us to have a better sports sector that is providing employment to very many young people and benefiting those investing in sports.