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Lotteries Act, 1997 (Act No. 57 of 1997)

Part I : The National Lottery

Chapter 1 : National Lotteries Board

10. Functions of board

 

 

(1) The board shall in applying the principles of openness and transparency and in addition to its other functions in terms of this Act-
a) advise the Minister on the issuing of the licence to conduct the National Lottery as contemplated in section 13(1) and on any matter contemplated in section 14(2)(g);
b) ensure that-
i) the National Lottery and sports pools are conducted with all due propriety and strictly in accordance with the Constitution, this Act, all other applicable law and the licence for the National Lottery together with any agreement pertaining to that licence;
ii) the interests of every participant in the National Lottery are adequately protected; and
iii) subject to subparagraphs (i) and (ii), the net proceeds of the National Lottery are as large as possible;
c) manage and administer the fund and hold it in trust;

[Paragraph (c) amended by section 10(b) of Act No. 32 of 2013]

d) monitor, regulate and police lotteries incidental to exempt entertainment, private lotteries, society lotteries and any competition contemplated in section 54;
e) advise the Minister on percentages of money to be allocated in terms of section 26(3);
f) advise the Minister on the efficacy of legislation pertaining to lotteries and ancillary matters;
g) advise the Minister on establishing and implementing a social responsibility programme in respect of lotteries;
h) administer and invest the money paid to the board in accordance with this Act and the licence for the National Lottery;
i) perform such additional duties in respect of lotteries as the Minister may assign to the board;
j) make such arrangements as may be specified in the licence for the protection of prize monies and sums for distribution;

[Paragraph (j) amended by section 10(c) of Act No. 32 of 2013]

k) advise the Minister on any matter relating to the National Lottery and other lotteries or any other matter on which the Minister requires the advice of the board;

[Paragraph (k) amended by section 10(c) of Act No. 32 of 2013]

(l) ensure that the Commission performs its functions efficiently and effectively in compliance with this Act and any other applicable law;

[Paragraph (l) inserted by section 10(d) of Act No. 32 of 2013]

(m) approve, determine, oversee or revise the Commission's operational strategic framework or policies, corporate governance framework policies, human resources policies and approve the appointment of senior executive employees of the Commission;

[Paragraph (l) inserted by section 10(d) of Act No. 32 of 2013]

(n) approve, determine, oversee, or revise the broad policy framework within which the Commission must perform its functions;

[Paragraph (l) inserted by section 10(d) of Act No. 32 of 2013]

(o) ensure that the Commission exercises its powers in accordance with the principles of transparency and accountability;

[Paragraph (l) inserted by section 10(d) of Act No. 32 of 2013]

(p) serve as review authority against decisions of the distributing agency regarding applications for grants;

[Paragraph (l) inserted by section 10(d) of Act No. 32 of 2013]

(q) in consultation with the Minister, determine category of applications for grants that are excluded from funding; and

[Paragraph (l) inserted by section 10(d) of Act No. 32 of 2013]

(r) take all reasonable steps to recover any amount in relation to a grant which has been withdrawn, prohibited or reduced in terms of section 33.

[Paragraph (l) inserted by section 10(d) of Act No. 32 of 2013]

[Subsection (1) amended by section 10(a) of Act No. 32 of 2013]

 

(2) The board shall have the power to institute legal proceedings in order to properly discharge its functions and responsibilities in terms of this Act.

[Subsection (2) inserted by section 10(e) of Act No. 32 of 2013]

 

(3) The board may approach any court for any order the board deems appropriate for effective regulation and enforcement of the Act.

[Subsection (3) inserted by section 10(e) of Act No. 32 of 2013]

 

(4) The board may request the Commission to conduct research on appropriately deserving worthy causes that may be funded or recipients that may be funded without lodging an application.

[Subsection (4) inserted by section 10(e) of Act No. 32 of 2013]

 

(5) The board may recommend to the Minister to prohibit, withdraw or reduce any grant made by the distributing agency if the board receives information that such grant is utilised or is likely to be utilised in an unauthorised manner that does not comply with the purpose or conditions stipulated in the grant or is utilised or is likely to be utilised for an unlawful purpose.

[Subsection (5) inserted by section 10(e) of Act No. 32 of 2013]