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

Part I : The National Lottery

Chapter 2 : Licensing of National Lottery

13. Licence to conduct National Lottery

 

 

1) The Minister may, after consultation with the board, issue one licence at one time authorising a person to conduct the National Lottery, which for purposes of section 57 will constitute a lottery, in accordance with the provisions of this Act.

 

2) Before a licence is granted under this section-
a) the Minister shall by notice in the Gazette and in not less than two newspapers circulating in every province invite interested parties to apply in writing for a copy of a request for proposal or any other document which may be made public, and the board shall require payment for any such documents;
b) the Minister shall be satisfied that-
i) the applicant for the licence contemplated in subsection (1) has sufficient appropriate knowledge or experience to conduct the National Lottery, or has unconstrained and continuous access thereto, and will be able to conduct the National Lottery strictly in accordance with this Act, the licence of the National Lottery and any agreement pertaining to the licence;
ii) the applicant has the necessary financial and other resources to conduct the National Lottery;
iii) the applicant will for the duration of the licence show a clear and continuous commitment to the social responsibility programme contemplated in section 10(g) and to the advancement, upliftment and economic empowerment of persons or groups or categories of persons disadvantaged by unfair discrimination; and
iv) no political party in the Republic or political office-bearer has any direct financial interest in the applicant or a shareholder of the applicant.

 

3) In considering whether to grant the licence, the Minister shall take into account-
a) whether any person who appears to the Minister to be likely to manage the business or any part of the business of the National Lottery under the licence, is a fit and proper person to do so;
b) whether any person for whose benefit that business is likely to be conducted, is a fit and proper person to benefit from it; and
c) whether any person who is likely to manage the business or any part of the business of the National Lottery under the licence or a sports pool, will do so-
i) 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 the licence;
ii) so that the interests of every participant in the National Lottery and sports pools are adequately protected; and
iii) subject to subparagraphs (i) and (ii), so that the net proceeds of the National Lottery and sports pools are as large as possible.

 

4) A licence granted under this section shall include the conditions contemplated in section 14.

 

5) The licence contemplated in subsection (1) may allow the licensee to appoint another person to conduct certain lotteries of the National Lottery on behalf of the licensee only with the written approval of the Minister: Provided that the board has made a recommendation to the Minister to allow such appointment if the person to be appointed has satisfied the provisions of section 13(2)(b) and any other requirements or conditions as directed by the Minister.

[Subsection (5) amended by section 12 of Act No. 32 of 2013]

 

6) In considering whether to grant the licence contemplated in subsection (1), the Minister and the board shall not favour an applicant solely because the applicant or a shareholder or partner of that applicant is an organ of the State.