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Comparative Analysis of Sport in Developed & Developing Countries

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Comparative Analysis of Sport in Developed & Developing Countries
NATIONAL UNIVERSITY OF LESOTHO

FACULTY OF LAW

A COMPARATIVE ANALYSIS OF THE LEGISLATIVE AND INSTITUTIONAL FRAMEWORK OF SPORT IN DEVELOPED AND DEVELOPING COUNTRIES: A POTENTIALLY EFFECTIVE MODEL FOR LESOTHO A DISSERTATION IN PART FULFILMENT OF A BACHELOR OF LAWS (LLB) DEGREE

SUBMITTED BY

PHELANE PHOMANE

[APRIL 2009]

NUL ROMA

ACKNOWLEDGMENTS In acknowledging all the help, assistance and support I received in completing this dissertation I wish to first and foremost give to He what He deserves, exceptional thanks to You Gracious Lord God for being with me in the beginning, at dusk, in the middle when it was dawn and in the end when it was light.

I would like to thank my first God-given family to whom this dissertation is dedicated to beginning with them that raised me, my father, Lebusa Phomane and my mother, ‘Mathasi Phomane; I only hope that this paper meets your expectations. I thank my brother, Thasi, my sisters Keneiloe, Mamello, ‘Manthati and Mafoko; my only regret is that I cannot find any fitting words in any of the languages I speak to express my gratitude, love and respect. I thank my nieces Enda and Tumi; you are both the apples of my eye.

I would also like to thank my second family, the sporting fraternity, which has raised, guided and baptized me by fire throughout the better part of my life. More especially Mr. Chabeli Mohatlane for introducing me to sport; your love has not and will never be forgotten. I thank the Executive Committee and staff of the Lesotho National Olympic Committee, more especially ‘Me ‘Matlohang and Mr. Mof , it would have never been the same without you.

Equally important and worthy of praise and thanks are members of the National University of Lesotho legal fraternity especially the staff of the Faculty of Law and members of the Student’s Law Society, which I have been proud to lead in my last years as a law student. In particular I would like to make mention of my supervisor for this piece of



Bibliography: BOOKS Jackson R. (Ed.) IOC Sport Administration Manual, 2005, McAra Printing, Alberta, Canada ARTICLES, REPORTS & INTERVIEWS The Sports Page, LSRC Lambasts Ministry Public Eye Newspaper, 26th September 2008 Ministerial Task Team Report December 2000 www.srsa.gov.za/ClientFiles/Report_from_Jim_Ferguson (accessed 20/03/2009) White Paper, Sport and Recreation South Africa – ‘Getting the Nation to Play’ www.srsa.gov.za/WhitePaper (accessed 20/03/2009) SRSA Annual Report 2007/2008 www.srsa.gov.za/ClientFiles/srsa_annual_report_2007_2008 (accessed 23/03/2009) Australian Bureau of Statistics, Sport and Recreation Funding by Government, Australia, www.ausport.gov.au/scorsresearch/ERASS2005/ERASS205_findings.pdf (accessed 13/11/2008) Participation I Exercise, Recreation and Sport Survey 2005 Annual Report Sport England Strategic Plan http://www.sportengland.org/sport_england_strategy_20082011.pdf Presentation by President of the Lesotho National Olympic Committee, Mrs. ‘Matlohang Moiloa-Ramoqōpō, before a joint forum for all sports stake-holders, 17th September 2008. Presentation by Secretary-General of the Lesotho National Olympic Committee, Mr. Mofihli Makoele, at a joint forum for all sports stake-holders, 17th September 2008. Interview with Mr. Mofihli Makoele, Secretary General of the Lesotho National Olympic Committee (10/11/2008) Interview with Mr. Tšepo Hlojeng, Chief Executive Officer, Lesotho National Olympic Committee (30/04/2009) STATUTES & CONVENTIONS Lausanne Declaration on Doping in Sport 1999 www.sportunterricht.de/lksport/lksport.html accessed 25/03/2009) Lesotho Sport and Recreation Act No. 15 2002 Lesotho Sports Council Order No. 41 1970 61 Olympic Charter 2007 Royal Charter of the English Sports Council 1970 SACOC Constitution (Memorandum of Association) http://images.supersport.co.za/SASCOC_Amended_Constitution_July2008.pdf (accessed 25/03/09) South African Companies Act No. 61 of 1973 South African Sports Commission Act Repeal Act 2005 World Anti-Doping Code 2003 www.wada-ama.org Zimbabwe Olympic Committee Constitution 2005 CASES Oscar Pistorius v. IAAF CAS Appeal 2007 (Blade Runner Case) Floyd Landis CAS Appeal 2007 WEBSITES www.olympic.org/members (accessed 30/12/2008) www.olympic.org/commissions (accessed 30/12/2008) www.olympic.org/administration (accessed 30/12/2008) www.olympic.org/events (accessed 2/01/2009) www.olympic.org/B2008 (accessed 2/012009) www.tas-cas.org/about (accessed 5/01/2009) www.tas-cas.org/en/20questions (accessed 5/01/2009) www.ausport.gov.au/scorsresearch/ERASS2005/ERASS205_findings.pdf (accessed 13/11/2008) www.ausport.gov.au/ascresearch/findingsportinformation/ausportsorganizations (accessed 20/02/2009) www.ausport.gov.au/aboutasc/corporatestructure (accessed 20/02/2009) www.olympics.com.au/aboutaoc/ (accessed 7/02/2009) www.olympics.com.au/aboutaof (accessed 7/02/2009) www.tas-cas.org/about (accessed 5/01/2009) www.ausport.gov.au/supporting/ethics/compaint (accessed 23/03/2009) www.ausport/gov.au/supporting/ethics/member_protection (accessed 23/03/2009) www.sportengland.org/index/about_sport_england.htm (accessed 7/02/2009) 62 www.nytimes.com/pages/olympics2008 (accessed 12/11/2008) http://www.sascoc.co.za/National_Executive_Board (accessed 25/03/2009) http://www.srsa.gov.za/Organogram.asp www.srsa.gov.za/Who_is_SRSA (accessed 20/03/09) www.srsa.gov.za/ClientFiles/sports_commission_pamphlet (accessed 25/03/2009) www.srsa.gov.za/ClientFiles/Dispute_Rules (accessed 25/03/2009) www.src.org.zw/about_us (accessed 25/03/2009) www.zoc.co.zw (accessed 26/03/2009) http://www.moesc.gov.zw/Structure/organizationalstructure.htm (accessed 25/03/2009) www.zoc.co.zw/about (accessed 26/03/2009) www.zoc.co.zw/history (accessed 26/03/2009) http:///www.wada-ama.org (accessed 7/01/2009) www.olympics.org.uk/legal_information (accessed 8/02/2009) www.olympic.org.uk/documents/Faster,Higher,Stronger-The_BOA.pdf (accessed 8/02/2009) www.olympics.org.uk/boa (7/02/2009) www.sportsresolutions.co.uk/Legal_Information (accessed 12/02/2009) http://www.sascoc.co.za/about (accessed 25/03/2009) http://news.bbc.co.uk/onthisday/hi/dates/stories/august/18/newsid_3547000/3547872.stm http://en.wikipedia.org/wiki/Gleneagles_Agreement (accessed 25/03/2009) http://en.wikipedia.org/wiki/1995_Rugby_World_Cup (accessed 25/03/09) http://en.wikipedia.org/wiki/2000_Summer_Olympics (accessed 25/03/2009) http://en.wikipedia.org/wiki/Zimbabwe_at_the_2008_Summer_Olympics (accessed 27/03/2009) http://en.wikipedia.org/wiki/Department_for_Culture,_Media_and_Sport (accessed 5/02/2009) 63

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