CODE OF ETHICS

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The policy is effective from May 2021 and will be updated every two years.

For review by the Executive Committee: by November 2023

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1. INTRODUCTION

SSA is the national federation with governance responsibility for the sport of Squash and Squash 57.  SSA is recognised by World Squash Federation, the Government Ministry responsible for sport and the South African Sports Confederation and Olympic Committee and is a sport on the Commonwealth, All Africa and World Games programme.  SSA is responsible, therefore, to promote the integrity and reputation of the organisation in the country. SSA will maintain good relations with Government authorities while respecting the principle of autonomy.

 

SSA recognises that good governance requires leadership from the Board as well as commitment from all members of the organisation.  We are all responsible for good governance.  An organisation which is transparent and accountable will motivate players, volunteer corps and staff as well as help SSA to attract sponsorship and media coverage to the benefit of players and our sport.  Knowing that many provincial members receive funding from provincial governments, the private sector and from individual members, it is important for us to operate in a way in which we are democratic, accountable and transparent and include our stakeholders.

 

In adopting this Code, SSA underlines its commitment to good governance as an ongoing aspiration and continuously to review our internal processes to meet best practice as a volunteer run organisation operating increasingly as a business.  This Code is one part of the overall good governance framework and applies to our work both on and off the field of play.

 

SSA encourages the application of good practices to promote diversity and combat all forms of discrimination. Every eligible person has the right to practise our sport and to gain experience at all levels of recreational and competitive squash.

 

Fair play means more than just abiding by the rules of squash as it includes friendship and mutual respect demonstrated through our behaviour and attitudes.  Fair play addresses the elimination of cheating, bending the rules, anti-doping, abuse of food and other supplements, physical, psychological and verbal violence or abuse, sexual harassment and abuse of young people, women and disabled persons, trafficking in young sportspeople, discrimination, exploitation, unequal opportunities, excessive commercialisation, match fixing, illegal betting, corruption, racism, xenophobia and racial intolerance as well as combatting the use of genetic engineering for purposes that are incompatible with our sport’s ethics.

 

Equity in sport promotes excellence achieved through talent and performance, the uniform and consistent application of rules without decisions being arbitrary or unduly influenced.  Parents, teachers, trainers, referees, managers, administrators, journalists, doctors and pharmacists, top sportspeople who serve as role models as well as spectators should set a positive example to children and young persons by refusing to reward, ignore or adopt unfair behaviour and to impose appropriate sanctions if it occurs.  All of us should also show the same concern for those who are less talented or skilled and promote and reward both success in competition as well as personal progress and the acquisition of life skills.

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2. SCOPE OF THIS CODE

2.1. This Code applies to all players, player support personnel, technical officials, administrators (elected and employed), medical personnel, parents, teachers, broadcasters and journalists who are registered with SSA or any of its national members.

2.2. In addition, this Code will apply to all intermediaries and related parties including event organisers, suppliers, agents, representatives, squash equipment manufacturers, spouses and partners, people sharing the same household, family members, persons who are involved in a legal entity, partnership or other fiduciary institution.

2.3. If there is an omission in this Code, either allegations will be considered against general ethical standards, the ethos of SSA, legislation or general sports doctrine.

2.4. There shall be no limitation on the lapse of time before which an allegation may be considered.

2.5. Anyone subject to the Code who attempts or agrees with another person to act in a manner which would constitute or culminate in the commission of a breach shall be treated as if a breach has been committed whether or not such agreement in fact resulted in such a breach. However, there shall be no violation where the person who is subject to the Code renounces his/her/their attempt or agreement prior to it being discovered by a third party not involved in the attempt or agreement.

2.6. Any person subject to the Code who knowingly assists, fails to report or is otherwise complicit in any act or omission that constitutes or culminates in the commission of a breach shall themselves be treated as having committed a breach of the Code.

2.7. Recognising that there may be people over whom SSA does not have jurisdiction and any alleged breaches of this Code will be considered on a case by case basis in terms of actions which can possibly be taken including but not limited to referral to investigative authorities.

2.8. Persons over whom SSA does not have jurisdiction may not support any candidate for election nor interfere in the operations of SSA in any way.

2.9.Any decision and sanction implemented as a result of a breach of this Code must be recognised and respected by SSA, the WSF and its members as well as other national federations in South Africa.

2.10. This Code will become effective on a date decided by the SSA Board.

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3. THE CODE

All who operate under the jurisdiction of SSA shall:

3.1       Make themselves aware of the provisions of this Code.

3.2       Maintain high standards of personal conduct, integrity, honesty, fairness, respect, courtesy, objectivity, impartiality, independence and good faith.

3.3       Exercise care, due diligence, skill and fiduciary duties to SSA.

3.4       Exercise duty of care generally but in particular for minors and vulnerable adults.

3.5       Abide by all national and international legislation as well as SSA’s rules and regulations.

3.6       Promote the principles of good governance particularly transparency, accountability and responsibility.

3.7       Not abuse their position in any way particularly for personal or business gain or aims.

3.8       Not forge or falsify any document or statement or use such document.

3.9       Disclose all possible direct and indirect conflicts of interest annually and as any new ones may occur.

3.10    Avoid situations where a conflict of interest may arise or if this is not immediately possible, to report it to SSA as soon as possible after it has occurred.

3.11    Not offer or receive gifts, remuneration, commission, donation, benefit or service of above a nominal value determined by the SSA Board from time to time provided that, in accepting or offering a gift, remuneration, commission, benefit or service, no expectation of exertion or omission of influence nor conflict of interest is created.

3.12    Declare all gifts received or declined above the nominal value set by the SSA Board.

3.13    Not receive any cash or commission in any form at any time either directly or indirectly.

3.14    Not receive or distribute any asset, including cash, misappropriated from SSA directly or indirectly.

3.15    Use SSA resources for SSA business.

3.16    Pay for any family member, friend or associate attending a SSA event.

3.17    Not participate in or be associated with illegal betting and gambling, lotteries, manipulation of results, including election results, and similar activities associated with squash.

3.18    Respect candidates participating in elections, their manifestoes as well as the election process.

3.19    Promote any candidate for election within the election rules and in line with this Code while respecting equality between candidates.

3.20    Respect the dignity of others.

3.21    Promote safety, health and welfare of those involved in squash.

3.22    Promote diversity, equality, empowerment, development and respect.

3.23    Not discriminate on any grounds nor participate in humiliating, intimidating or insulting behaviour of a physical, emotional or psychological nature.

3.24    Perform activities only in their area of competence while pursuing opportunities to improve themselves professionally.

3.25    Where required, issue truthful and objective public statements reflecting the position of the organisation.

3.26    Encourage maximum independence and self-determination while balancing this with the greater good.

3.27    Respect confidentiality at all times particularly in relation to medical and other personal information.

3.28    Not use any platform with SSA to promote any party political agenda.

3.29    Not perform any duty under the influence of alcohol or illegal substances.

3.30    Promote fair play and the performances of players.

3.31    Respect decisions taken by SSA and its representatives.

3.32    Promote the environment.

3.33    Report any alleged breach of this Code immediately to SSA.

3.34    Cooperate fully and timeously with any investigation into an alleged breach of this Code.

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4. SANCTIONS

4.1. Breaches of this Code shall be subject to the sanctions set out below, whether by acts of commission or omission, whether deliberate or negligent, whether the breach constitutes an act or attempted act or not, and whether a person acted as a participant, accomplice or instigator. 

4.2. Sanctions may include one or a combination of the following which may be suspended in full or in part or increased following repeated breaches of the Code:

4.2.1. Warning

4.2.2. Reprimand

4.2.3. Fine

4.2.4. Refund of prize money

4.2.5. Refund of financial support provided by SSA

4.2.6. Return of any medal or other award

4.2.7. Loss of ranking points

4.2.8. Return of accreditation

4.2.9. Service to the SSA community

4.2.10. Suspension of any right or obligation within SSA

4.2.11. Suspension for a period of time from performing a particular function

4.2.12. Disqualification from an event or particular function

4.2.13. Expulsion from SSA activities internationally and nationally

4.2.14. Withdrawal of recognition of a member

4.2.15. Withdrawal of the right to organise an event

 

4.3. While not a sanction, SSA may also suspend any individual from any activity once an allegation is reported until the conclusion of any investigation and hearing.

4.4. Should a person under a suspended sanction breach the Code again during this period, the full sanction shall be enforced together with any further sanction imposed from the second breach.

4.5. SSA reserves the right to report any allegation or breach to the investigative authorities and to investigate and take action where an allegation or breach takes place in South Africa or abroad by a member of SSA.

4.6. SSA reserves the right to publish the outcome of any process completed in terms of this Code.

4.7. SSA may consider a recommendation from a member to institute sanctions at an international level against a person who has breached this Code.

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5. SSA’S RESPONSIBILITY

SSA is responsible for promoting an ethical ethos within the organisation with zero tolerance for breaches of the Code by:

5.1. Publishing the vision, mission and strategy of SSA.

5.2. Ensuring the governance structures, regulations and terms of reference are clear and promote the internal democratic process.

5.3. Publishing policies, rules, regulations and terms of reference.

5.4. Promoting the participation of women, persons with a disability and greater diversity.

5.5. Undertaking an induction to good governance for all new Board members and others as necessary.

5.6. Promoting open debate within the decision-making process.

5.7. Including all stakeholders in advising those making decisions.

5.8. Ensuring that full information is available to enable Board members to take decisions in the best interests of the organisation.

5.9. Establishing specific procedures to be followed for financial and asset management including undertaking a comprehensive risk assessment, internal and external audit functions and implementing a transparent procurement process.

5.10. Promoting open and honest communication internally and externally.

5.11. Publishing minutes of the AGM, SGM, Convention and Board meetings together with the annual audited financial statements in which remuneration to Board members and senior management is disclosed.

5.12. Ensuring accountability of employees to management, management to the Board, the Board to the membership.

5.13. Protecting any whistle-blower.

5.14. Investigating any allegations received without fear or favour and referring the allegation to the Appeal Board for decision.

5.15. Protecting personal information which it may hold.

5.16. Promoting environmental, social, political and governance awareness.

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6. CANDIDATES FOR ELECTION

6.1. Each member of SSA shall respect the integrity of the election process decided by the Board in order to allow equal access to the promotion of each candidate and to reduce any potential conflict of interest.

6.2. Candidates for election shall conduct their campaigns with honesty, dignity and respect for all candidates and shall comply with this Code.

6.3. When submitting a nomination for election to the Board, a candidate must declare any risks of conflicts of interest to SSA. The attention of the candidate may be drawn to any potential conflicts of interest identified. This does not exempt the candidate concerned from making subsequent declarations.

6.4. Candidates may prepare manifestos to be issued to members by the SSA office setting out their plans if elected. However, candidates shall refrain from participating in any promotional and/or communications campaign based on the manifesto or any other supporting document including any form of publicity, new media and social networks.

6.5. If a candidate is offered any financial or in kind assistance directly or indirectly, the candidate must decline and report this to SSA.

6.6. Candidates may not offer or give or promise any gift, donation, undertaking or grant any advantage of any nature during the campaign to ensure the candidate’s ability to make independent decisions and maintain their fiduciary duty is not affected.

6.7. Candidates may not form an understanding or coalition nor collude with other candidates with the intent to influence the outcome of the election.

6.8. A member shall remain neutral and shall not make any public declaration in or in any way support a particular candidate.

6.9. SSA staff shall maintain strict neutrality at all times during an election.

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7. CONFLICTS OF INTEREST

7.1. A distinction is made between the situation of a “potential conflict of interests” and the case of a “conflict of interests”. Only conflicts of interests are prohibited.

7.2. A situation of a potential conflict of interests arises when the opinion or decision of a person, acting alone or within an organisation, in the framework of the activities of the physical or legal persons defined in article 1 above, may be reasonably considered as liable to be influenced by relations that the aforementioned person has, has had or is on the point of having with another person or organisation that would be affected by the person’s opinion or decision.

7.3. A case of conflict of interest is constituted when any person who, having abstained from declaring a situation of a potential conflict of interests, expresses an opinion or takes a decision in the circumstances described in 7.2.

7.4. In assessing the situations described in 7.2 above, direct as well as indirect interests must be taken into account. This also includes the interests of a third person (parent, spouse, relation or dependent).

7.5. In the following non-exhaustive list of examples, the circumstances in which a conflict of interest could arise are:

        7.5.1. personal and/or material involvement (salary, shareholding, various benefits) with suppliers of the SSA party                          concerned;

        7.5.2. personal and/or material involvement with sponsors, broadcasters, various contracting parties;

        7.5.3. personal and/or material involvement with an organisation liable to benefit from the assistance of the SSA party                    concerned (including subsidy, agreement or election).

7.6. It is the personal responsibility of each person to avoid any case of conflict of interest.

7.7. Faced with a situation of a potential conflict of interest, the person concerned must refrain from expressing an opinion, from making or participating in making a decision or accepting any form of benefit whatsoever. However, if the person wishes to continue to act or if the person is uncertain as to the steps to take, the person must inform SSA of the situation.

7.8. The person concerned must consider the following options:

        7.8.1. registering the declaration without any particular measure;

        7.8.2. removal from part or all of the action or from the decision of the SSA party at the root of the conflict;

        7.8.3. relinquishing the management of the external interest causing the conflict;

        7.8.4. any complementary measures.

7.9. If a person neglects to declare a situation of a potential conflict of interest, and/or is in an actual conflict of interest situation, SSA may refer the case to the Appeal Board for decision.

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8. ANTI-DOPING RULES

8.1. SSA will follow the anti-doping rules of the SA Institute for Drug-Free Sport, the World Squash Federation and the World Anti-Doping Agency. Should there be any difference the rules of WADA shall take precedence.

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9. PREVENTION OF THE MANIPULATION OF COMPETITIONS AND ILLEGAL BETTING

9.1. Acknowledging the danger to the integrity of squash from the manipulation of competitions SSA states its commitment to safeguarding the integrity of squash, including the protection of clean players and competitions.

9.2. Due to the complex nature of this threat, SSA recognises that it cannot tackle this threat alone and hence cooperation with public authorities, in particular law enforcement and sport betting entities, is crucial.

9.3. This Code aims to protect all competitions from the risk of manipulation and are in compliance with the Council of Europe Convention on the Manipulation of Sports Competitions in particular Article 7.

9.4. Members of SSA are bound by this Code and are committed to support the integrity of sport and fight against the manipulation of competitions by adhering to this Code.

9.5. Definitions:

       9.5.1.“Benefit” means the direct or indirect receipt or provision of money or the equivalent such as, but not limited to,                    bribes, gains, gifts and other advantages including, without limitation, winnings and/or potential winnings as a                      result of a wager; the foregoing shall not include official prize money, appearance fees or payments to be made                   under sponsorship or other contracts;

        9.5.2.“Competition” means any sports competition, tournament, match or event, organised in accordance with the                        rules of the SSA or its affiliated organisations, or, where appropriate, in accordance with the rules of any other                        competent sports organisation;

         9.5.3.“Inside Information” means information relating to any competition that a person possesses by virtue of                                 his/her/their position in relation to squash and/or a competition, excluding any information already published                       or common knowledge, easily accessible to interested members of the public or disclosed in accordance with                       the rules and regulations governing the relevant competition;

          9.5.4.“Participant” means any natural or legal person belonging to one of the following categories:

                    9.5.4.1.“player” means any person or group of persons, participating in sports competitions;

                    9.5.4.2.“player support personnel” means any coach, trainer, manager, agent, team staff, team official, medical                                   or paramedical personnel working with or treating players participating in or preparing for                                                         competition, and all other persons working with the players;

                    9.5.4.3.“official” means any person who is the owner of, a shareholder in, an executive or a staff member of the                                  entities which organise and/or promote sports competitions, as well as referees, jury members and any                                    other accredited persons. The term also covers the executives and staff of SSA, or where appropriate,                                    other competent sports organisations or clubs that recognises the competition.

           9.5.5.“Sports Betting, Bet or Betting” means any wager of a stake of monetary value in the expectation of a prize of                      monetary value, subject to a future and uncertain occurrence related to a sports competition.

9.6. The following conduct constitutes a violation:

9.6.1 Betting in relation either:

         9.6.1.1. to a Competition in which the participant is directly participating; or

         9.6.1.2. to squash; or

         9.6.1.3. to any event of a multisport Competition in which he/she is a participant.

9.6.2. Manipulation of sports competitions is an intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a competition in order to remove all or part of the unpredictable nature of the competition with a view to obtaining an undue benefit for oneself or for others.

9.6.3. Corrupt conduct is providing, requesting, receiving, seeking, or accepting a benefit related to the manipulation of a competition or any other form of corruption.

9.6.4. Inside information:

          9.6.4.1. Using inside information for the purposes of betting, any form of manipulation of competitions or any other                           corrupt purposes whether by the participant or via another person and/or entity.

          9.6.4.2. Disclosing inside information to any person and/or entity, with or without benefit, where the participant knew                         or should have known that such disclosure might lead to the information being used for the purposes of                                 betting, any form of manipulation of competitions or any other corrupt purposes.

          9.6.4.3. Giving and/or receiving a benefit for the provision of inside information regardless of whether any inside                                 information is actually provided.

9.6.5. Failure to report:

                       9.6.5.1. to SSA or a relevant disclosure/reporting mechanism or authority, at the first available opportunity,                                          full details of any approaches or invitations received by the participant to engage in conduct or                                                incidents that could amount to a violation.

                       9.6.5.2. to SSA or a relevant disclosure/reporting mechanism or authority, at the first available opportunity,                                          full details of any incident, fact or matter that comes to the attention of the participant (or of which                                          they ought to have been reasonably aware) including approaches or invitations that have been                                                received by another participant to engage in conduct that could amount to a violation.

9.6.6. Failure to cooperate:

          9.6.6.1. with any investigation carried out by SSA in relation to a possible violation, including, without limitation,                                 failing to provide accurately, completely and without undue delay any information and/or documentation                               and/or access or assistance requested by SSA as part of such investigation.

          9.6.6.2. by obstructing or delaying any investigation that may be carried out by SSA in relation to a possible violation                         including without limitation concealing, tampering with or destroying any documentation or other                                           information that may be relevant to the investigation.

9.7. For the determination of whether a violation has been committed in relation to 9.1 to 9.6, the following are                             not relevant:

       9.7.1. Whether or not the participant is participating in the competition concerned;

       9.7.2. The outcome of the competition on which the bet was made or intended to be made;

       9.7.3. Whether or not any benefit or other consideration was actually given or received;

       9.7.4. The nature or outcome of the bet;

       9.7.5. Whether or not the participant’s effort or performance in the competition concerned were (or could be expected                   to be) affected by the acts or omission in question;

       9.7.6. Whether or not the result of the competition concerned was (or could be expected to be) affected by the acts or                   omission in question;

        9.7.7. Whether or not the manipulation included a violation of a technical rule of the WSF or SSA;

        9.7.8. Whether or not the competition was attended by the competent national representative of SSA.

9.8. Any form of aid, abetment or attempt by a participant that could culminate in a violation shall be treated as if a violation had been committed, whether or not such an act in fact resulted in a violation and/or whether that violation was committed deliberately or negligently.

9.9. Any allegation of a violation will be subject to a disciplinary process and reported to the Appeal Committee by SSA unless dealt with by the disciplinary committee appointed for the competition.

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10. EFFECTIVE DATE

The policy is effective from May 2021 and will be updated every two years.

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Communication sent by Squash South Africa (October 2023)

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