National Gambling Act [No. 7 of 2004]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 470 Cape Town 12 August 2004 No. 26670
THE PRESIDENCY No. 960 12 August 2004
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 7 of 2004: National Gambling Act, 2004.

2 No. 26670 GOVERNMENT GAZETTE, 12 AUGUST 2004
Act No. 7, 2004 NATIONAL GAMBLING ACT, 2004
(English text signed by the President.) (Assented to 6 August 2004.)
ACT To provide for the co-ordination of concurrent national and provincial legislative
' - competence over matters relating to casinos, racing, gambling and wagering, and to provide. for the continued regulation of those matters; for that purpose to establish certain 'uniform norms and standards applicable to national and provincial regulation and licensing of certain gambling activities; to provide for the creation of additional uniform nornlS and standards applicable throughout the Republic; to retain the ;4&?ii~nwl Gambling Board; to establish the Naf+.*; Gambling Policy Council; t;c? wpeal the National Gambling Act, 1996; hix.+ Go provide for matters incidentaj thereto.
_ _ .
PREAMBLE
CONSIDERING that the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), establishes that casinos, racing, gambling and wagering are matters of concurrent national and provincial legislative competence;
It is desirable to co-ordinate activities relating to the exercise of that concurrent competence within the national and provincial spheres of government;
It is desirable to establish certain uniform norms and standards, which will safeguard people participating in gambling and their communities against the adverse effect of gambling, applying generally throughout the Republic with regard to casinos, racing, gambling and wagering, so that-
* gambling activities are effectively regulated, licenced, controlled and policed; * members of the public who participate in any licenced gambling activity are
* society and the economy are protected against over-stimulation of the latent
* the licensing of gambling activities is transparent, fair and equitable;
It is expedient to establish certain national institutions, and to recognise the establishment of provincial institutions, which together will determine and administer national gambling policy in a co-operative, coherent and efficient manner.
protected;
demand for gambling; and
4 No. 26670 GOVERNMENT GAZETTE, 12 AUGUST 2004
Act No. 7,2004 NATIONAL GAhTBLING ACT, 2004
B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- TABLE OF CONTENTS
PREAMBLE
Sections
1. 2.
3. 4. 5. 6.
7. 8. 9. 10. 11. 12. 13. 14. 15.
16.
17. 18.
19. 20. 21. 22.
5 CHAPTER 1
INTERPRETATION AND APPLICATION
Definitions Application of Act
CHAPTER 2
NATIONAL GAMBLTNG POLICY
Part A
Gambling activities
Gambling activities generally Bets and wagers 15 Gambling games Pay-out and opportunity to play further game
Part B
Prohibited gambling, restricted activities and status of gambling debt
Gambling in relation to illegal activities unlawful 20 Unlicensed gambling activities unlawful Unlicensed dealing in machines and devices unlawful Unlicensed use of premises unlawful Unauthorised interactive gaming unlawful Protection of minors 25 Restrictions on granting credit to gamblers Excluded persons Restrictions on advertising and promotion of gambling activities and granting of discounts Enforceability of gambling debts and forfeiture of unlawful winnings 30
Part C
Gambling premises
Standards for gambling premises Sites
Part D
Registration and certification of machines and devices
Gambling machines or gambling devices Identification of gambling machines and devices National register of gambling machines and devices Gambling machines and devices to be registered
10
35
40
6 No. 26670 GOVERNMENT GAZETIE, 12 AUGUST 2004
Act No. 7,2004 NATIONAL GAMBLWG ACT, 2004
23. Transfer of registered ownership or possession 24. Criteria for issuing testing agent licence 25. Calibration and certification of gambling machines or gambling devices 26. Limited pay-out machines 27. National central electronic monitoring system
Part E
Licensing of persons employed in gambling industry
28. Gambling industry employees to be licensed 29. Conditions of employment licensing
CHAPTER 3
JURISDICTION AND LICENSING
Part A
Jurisdiction
30. Jmisdiction of provincial 1ice.nsing authorities 3 1. Responsiblities of provincial licensing authorities 32. Jurisdiction of board 33. Responsibilities of board 34. Oversight function of board 35. Information sharing 36. Conflicting exercise of concurrent jurisdiction
Part B
National licences
37. Authority of national icence 38. Applicants for national icence 39. Authority to issue national licence 40. National licence procedures 41. Review of refusal to issue national licence 42. Review of proposal to issue national licence 43. Suspension and revocation of national licence
Part C
Provincial licences
44. Licensing by provinces to comply with national norms and standards 45. Maximum numbers of casino licences 46. Limitation of rights applicable to licence 47. Amusement games and machines
Part D
Licensing norms and standards
48. Licence criteria, categories and conditions 49. Disqualifications for employment licences 50. Disqualifications and restrictions for other licences 5 1. Disqualification after licence issued 52. Acquisition of interest by disqualified person
5
10
15
20
25
30
35
40
.-
8 No. 26670 GOVERNMENT GAZETTE, 12 AUGUST 2004
Act No. 7,2004 NATIONAL GAMBLING ACT, 2004
Part E
Additional norms and standards concerning non-employment licenses
53. 54. 55. 56.
57. 58. 59. 60.
61. 62. 63.
64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75.
76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86.
Economic and social development issues to be considered Competition issues to be considered State interests Licence requirements, acquisitions and transfers
Part F
Licence investigations, decisions, transfer and surrender
External probity reports Decisions Licence transfers Surrender of licence
CHAPTER 4
NATIONAL STRUCTURES
Part A
National Gambling Policy Council
Establishment of National Gambling Policy Council Functions of National Gambling Policy Council Council meetings
Part B
National Gambling Board
Continuation of National Gambling Board Objects and functions of board Relations with provincial licensing authorities Composition of board Conflicting interests Resignation, removal from office, and vacancies Meetings of board Committees of board Remuneration and allowances of members of board and committees 30 Staff of board and remuneration Finances Accountability, audits and reports
CHAPTER 5
ENFORCEMENT AND OFFENCES
National inspectorate Powers and duties of inspector Breach of confidence Obstructing administration of Act Self-incrimination Failure to comply with Act Offences and breach of licence condition Penalties Magistrate’s court jurisdiction to impose penalties Serving documents Proof of facts
5
10
15
20
25
35
40
45
10. No. 26670 GOVERNMENT GAZETIE, 12 AUGUST 2004
Act No. 7,2004 NATIONAL GAMBLING ACT, 2004
CHAPTER 6
GENERAL PROVISIONS
87. Regulations 88. Repeal of laws 89. Short itle and commencement 5
SCHEDULE
TRANSITIONAL PROVISIONS
1. Definition 2. General preservation of regulations, rights, duties, notices and other
3. National Gambling Board 4. National licences 5 . Development of interactive gambling policy and legislation 6. Transitional maximum nud-prs of casino licences 7. Excluded persons 15 8. Regulations
intstruments 10
CHAPTER 1
INTERPRETATION AND APPLICATION
Definitions
1. In this Act, unless the context indicates otherwise- “amusement game” means a game that has a restricted prize, and that may be
20
regulated and licensed in terms of provincial law contemplated in section 47; “amusement machine” means a machine or device on which an amusement game may be played and that may be regulated and licensed in terms of provincial law contemplated in section 47; 25 “associate” means- ( a ) an employer; (h) a co-shareholder of a private company contemplated in section 20 of the
((7) a co-member of a Close Corporation contemplated in section 2 of the Close 30
(d) a person to whom one has granted or from whom one has received a general
“bingo” means a game, including a game played in whole or in part by electronic means- 35 (a ) that is played for consideration, using cards or other devices-
(i) that are divided into spaces each of which bears a different number,
(ii) with numbers, pictures or symbols arranged randomly such that each
Companies Act, 1973 (Act No. 61 of 1973);
Corporations Act, 1984 (Act No. 69 of 1984); and
power of attorney;
picture or symbol; and
card or similar device contains a unique set of numbers, pictures or 40 symbols;
(h) in which an operator or announcer calls or displays a series of numbers, pictures or symbols in random order and the players match each such number, picture or symbol on the card or device as it is called or displayed; and
( (7) in which the player who is first to match all the spaces on the card or device, 45 or who matches a specified set of numbers, pictures or symbols on the card or device, wins a prize,
12 No. 26670 GOVERNMENT GAZETTE, 12 AUGUST 2004
Act No. 7,2004 NATIONAL GAMBLING ACT, 2004
or any other substantially similar game declared to be bingo in terms of section 6(4: “board” means the National Gambling Board retained and constituted by Part B of Chapter 4; “bookmaker” means a person who directly or indirectly lays fixed-odds bets or open bets with members of the public or other bookmakers, or takes such bets with other bookmakers: “Cabinet” means the body of the National Executive referred to in section 91 of the Constitution; ‘