Comparative Analysis of Sport in Developed & Developing Countries

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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 academic art, Ms. Mothepa Ndumo; thank you for being a perfectionist, it is not a bad thing at all.

I would like to give thanks to all my friends, wonderful and dreadful alike, who are too many to mention individually; you are all special and dear to me. I would, however, like

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to make special mention of Thabo Makhakhe, my good friend and brother, may his blessed soul rest in peace. I also thank Las Vegas for being my home throughout the creation of this academic sculpture and the Vegas boys for adding extra zest to my life.

Lastly I would like to thank the Basotho nation, and everything and everyone that has formed part of my living, breathing and growing environment. Let us all remember that life is for the living through both work and play. Kea leboha.

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ABSTRACT In any given country, the general structure of the administration of sport affects the individual administration of sport, that is, sports code specific administration. Therefore, flaws in the general structure of sport necessarily and ipso facto affect the individual administration of sport. This study will attempt to cure defects in the legislative and institutional framework of sport in Lesotho through examining the frameworks in developed and developing countries. This will be done with the objective of creating a potentially effective model for the general structure of the administration of sport in Lesotho.

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LIST OF ABBREVIATIONS AFSA ANZLSLA AOC APC ASC ASCA BOA CAS CGF GOL IF IOC LNOC LSC LSCO LSRA LSRC MOGYSR NF NOC NPDSR PPCSR SASC SASCOC SRSA WADA ZOC ZSRC Arbitration Foundation of Southern Africa Australian and New Zealand Sports Law Association Australian Olympic Committee Australian Paralympic Committee Australian Sports Commission Australian Sports Commission Act No. 12 of 1989 British Olympic Association Court of Arbitration for Sport Commonwealth Games Federation Government of Lesotho International Sports Federation International Olympic Committee Lesotho...
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