PUBLIC VIEWING AREAS GUIDELINES 21 October 2009

2 Contents 1. Background 2.Enabling environment 3. PVAs 4. Way Forward 5. SABC List of PVAs

3 Enabling environment In order to host the FIFA 2010 World Cup Government had to provide the following guarantees: –Home Affairs: Entry & Exit permits; work permits; immigrations, customs & check-in procedures –Finance: Customs duties and taxes, banking, foreign exchange and exemptions –Foreign Affairs – Entry and Exit Permits, National Anthems and Flags –Safety& Security: General public safety & VIP/personnel protection –Communications: Telecommunication, Information and Technology, Broadcasting –Transport: necessary infrastructure - an efficient transport system –Environment &Tourism: Hospitality services especially Accommodation, pricing policy –Trade & Industry: Intellectual property and event rights protection e.g. FIFA’s ownership of media and marketing & broadcasting rights –Justice: Indemnity –Health: Medical Care

4 Enabling environment  For FIFA the dti had to guarantee that intellectual property (IP) legislation dealing with ambush marketing will be in place.  An array of legislation deal with IP protection of FIFA, affiliates and sponsors:  Trade Marks Act  Designs Act  Copyright Act  Merchandise Marks Act  Trade Practices Act  Counterfeit Goods Act  Special Measures Act  Common law principles also apply.

5 Parameters Intellectual property  Minister has issued a Notice that designate 2010 FIFA World Cup as a protected event.  The Minister also issued another Notice that deals with Prohibited Marks of FIFA - prohibiting the use of certain words, letters emblems, devices and numerals as per Government Gazette no  Conditional prohibition, e.g. for a limited period, connectivity between “the infringement” and FIFA activity.  Balancing interests of FIFA and those of the public.  Absolute prohibition applies generally for protection of national symbols such as coat of arms and heritage signs. The law of trade marks provides that a person should make use of the trade mark in a commercial area (investment), otherwise protection is lost. This perpetual protection of Marks by this section may lead to non- investment after 2010 FIFA World Cup by FIFA. Thus why the Minister granted conditional prohibition.

6 Public Viewing Areas (PVAs) In December 2009 the Technical Co-ordinating Committee (TCC) requested the establishment of a working team to advance the co-ordinated implementation of PVAs The meeting set out a clear implementation mechanism to build on provinces/host cities current preparations and to ensure a coordinated approach to roll - out To ensure that broadcasting to PVAs take place Department of Communications and SABC have been engaging on technical and legal issues since late last year. On 15 January 2009 the work team, co-ordinated by SRSA and the dti, held an interdepartmental meeting with provinces. A follow-up discussion was held with provinces, host cities, key departments and the SABC on 17 April 2009; ongoing consultations also with SAPS, Health and other stakeholders. PVAs

7 In the meeting it was agreed that the working team, based on inputs from national government departments, provinces and host cities, will develop a set of guidelines which PVAs should satisfy amongst others the following: –Legislation –Executive decisions –Site requirements –Coordination of PVAs –Safety and security matters –Health and disaster management –Broadcast and other ICT requirements –Relations to 2010 FIFA World Cup Commercial Affiliates In developing the guidelines, the guidelines had to consider current initiatives underway by Host Cities/Provinces/Sponsors and the safety, security and health requirements which limited the total number of possible PVAs PVAs

8 Public Viewing Areas (PVAs) Objective of guideline To ensure that all PVAs adhere to the same requirements and regulations so as to achieve the objectives of a PVA with specific reference to the business opportunities and the uptake thereof by SMMEs in the local economy. Definition of PVAs PVAs are not owned by FIFA A public event with at least a people in attendance Are to be established and managed by provinces and/or municipalities Non-sponsors of FIFA can also sell their products and display their brands without restrictions, as long as they do not ambush FIFA event Viewers will not pay an entrance fee PVAs

9 Public Viewing Areas (PVAs) Fan Parks, Fan Miles, Stadia and Stadia Exclusion Zones Owned by FIFA and FIFA terms and regulations apply.

10 PVA Guidelines: Key Elements It was agreed, based on health, safety and other considerations, it would be ideal if PVAs were limited to around 1/district for the 46 districts. District commissioner will need to approve PVAs and that these requirements are in place. These are current requirements for public events. With regards to sponsorship, the dti is investigating potential participation of non-FIFA sponsors PVA organisers should also consult with SABC where broadcast from PVAs taking place, particularly where non FIFA sponsors are present. PVAs

11 PVA Guidelines: Key Elements Official FWC sponsors can also participate, however exclusion zones with exclusive conditions will not apply. Already have preferential conditions in Fan Parks, Fan Mile and Stadiums with associated exclusion zones. In the guidelines the Public Viewing Areas Liquor Control Policy sets the framework in which the trading of liquor will be controlled during the 2010 World Cup Soccer in South Africa. This Liquor Control Policy contains the measures that will govern the sale, supply, consumption and distribution of liquor before, during and after soccer matches. PVAs

12 PVA Guidelines: Key Elements The PVAs will offer the opportunity for local SMMEs in the district to participate in the PVAs. In order to ensure meaningful economic participation by SMMEs, it is recommended that selection of service providers related to PVA economic opportunities prioritise SMMEs. For example: installation of screens construction of stage and exhibition portals Security parking facilities selling of food and beverages at the area. PVAs

13 PVAs Example: Tshwane identified the following opportunities: Cleaning & waste management Staff catering, tables, chairs, tents Lighting, screen, stage, stage program, sound, breakdown crew, performers, DJs, Food & Beverages concessions Waitrons, managers, décor, decorations, gifts, landscaping

14 PVA Guidelines: Key Elements In selecting qualifying tenders relevant tender processes are to be followed with emphasis on equity e.g. SMME and BBBEE legislative framework to be utilized. The participation by these SMMEs could also serve to lower the costs to the provinces and municipalities of hosting the PVAs, as concessions can be sold to local business that might supply goods, services, food and beverages. However, in leveraging PVAs for SMME these activities should not contravene trade marks and ambush marketing provisions The organizing authorities are requested to use the template to report on the economic/ business uptake through SMMEs in their respective districts for each event PVAs

15 PVA Guidelines: Key Elements Workshop with the 2010 provincial coordinators/Host Cities being set up to: To finalise PVA guidelines To take stock of the lessons learned during FCC to align future implementation with the government PVA guidelines and processes. Once the guidelines finalised, provinces will co-ordinate with districts implementation at district level. The site selection for FWC will have to be made by provinces and host cities in light of funding and ability to meet PVA guidelines. Currently the final draft of the guidelines are ready to be taken through government approval process e.g. internal, TCC and 2010 IMC. Way Forward

16 Way Forward Municipalities contacted the dti on non-FIFA sponsors Budget constraints of municipalities: keen to sign up non-FIFA sponsors the dti interpretation of ambush marketing legislation could consider this As per CTGA meeting on 30 April 2009, it was requested that alignment be found between the dti and LOC on this Subsequent meeting held with Mr Danny Jordan and FIFA, LOC legal representatives, open to finding a solution and “right of first refusal” to FIFA Sponsors was proposed Meeting held with FIFA Sponsors and feedback is expected in due course to be included into draft guidelines

17 Way Forward Working meeting with LOC/ FIFA – they are considering the inclusion of non-FIFA sponsors in certain PVAs, without the infringement of FIFA sponsors’ rights. This remains the only outstanding issue before the draft PVA guidelines can be finalised. The final number of PVAs to be established needs to be communicated to SAPS.

18 Way Forward In discussion with Coke, the dti has established that they will through the organisors of PVAs, Fan Parks and Fan Miles support the appointed vendor with product and equipment.

19 SABC SABC list of proposed PVAs per Province Red: PVAs common to SABC & Government Green: Sites that hosted PVAs during FCC Rest: identified sites Northern Cape Government PVAs: Postmasburg; Kathu; Galeshewe Stadium SABC PVAs: Galeshewe Stadium

20 SABC Eastern Cape Gov. PVAs: Grahams Town, Cofimvaba, Port St Johns, Lady Grey, Matatiele, Sisa Dukashe Stadium SABC PVAs: Cradock, Queenstown, Jansenville, Fort Beaufort, Jeffrey’s Bay, Qunu, Matatiele Limpopo Gov.PVAs: Makhado Showgrounds, Shongoane Sports Complex, Hlogotlou Stadium, Nkowankowa Stadium, Senwabarwana Showground, Ntoampe Sport Centre, Giyani Stadium, Thohoyandou Showground, Bela-Bela Showground SABC PVAs: Hlogotlou Stadium, Nkowankowa Stadium, Makhado Showground, Shongoane Sport Complex

21 KwaZulu Natal Gov. PVAs: Ugu, uThungulu, uMgungundglovu, uThukela SABC PVAs: Awaiting 2010 KZN Provincial Office to advice on the remaining 6 districts. Gauteng Gov. PVAs: Themba Sports Ground, Soshanguve, Mbolekwa Sports Ground SABC PVAs: Walter Sisulu Square, Themba Sports Ground, Soshanguve, Mbolekwa Sports Ground, Moretele Sports Ground

22 SABC Western Cape Gov. PVAs: Beaufort West, George, Vredenburg, Bredasdorp, Worcester SABC PVAs: Gugulethu Indoor Sport Centre Mpumalanga Gov. PVAs: Thulamahashe Stadium, Mhluzi Stadium, Secunda Stadium SABC PVAs: Lydenburg, Elukwathini or Ermelo, Komatipoort- Kamhlushwa Stadium, Belfast

23 SABC North West Gov. PVAs: Vryburg Showgrounds, Lotlamoreng Dam, Traffic Department SABC PVAs: SABC North West, Makwassie Stadium Free State Gov. PVAs: Heilbron, Bethlehem, Kroonstad-Loubsher Park, Welkom – Phakisa, Qwa-Qwa-Charles Mopeli Stadium, Trompsburg, Dewetsdorp, Senekal, Rouxville, Edenville SABC PVAs: Dewetsdorp, Senekal, Rouxville, Edenville

24 END THANK YOU