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

1. Definitions

 

 

In this Act, unless the context indicates otherwise-

 

"board"

means the board of the National Lotteries Commission appointed in terms of section 3;

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

 

"broadcasting service"

means broadcasting service as defined in section 1 of the Broadcasting Act, 1976 (Act No. 73 of 1976);

 

"charitable expenditure"

means expenditure by any organisation or institution established for charitable, benevolent or philanthropic purposes, including friendly societies, welfare organisations and conduit organisations or trusts established in respect of any such organisation or institution;

 

"Commission"

means the National Lotteries Commission established by section 2;

[Definition inserted by section 1(c) of Act No. 32 of 2013]

 

"chief executive officer"

[Definition deleted by section 1(b) of Act No. 32 of 2013]

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

[Definition amended by section 1(d) of Act No. 32 of 2013]

 

"date"

in relation to a lottery, means the date on which the winners of that lottery are determined;

 

"Department"

means the Department of the national sphere of government for which the Minister is responsible;

 

"distribute"

in relation to documents or other objects, includes distribution to persons or places within the Republic;

[Definition amended by section 1(e) of Act No. 32 of 2013]

 

"distributing agency"

means an agency appointed by the Minister in terms of section 26A read together with section 26B(3) of this Act, but not any department in the national or a provincial sphere of government;

[Definition amended by section 1(f) of Act No. 32 of 2013]

 

"fund"

means the National Lottery Distribution Trust Fund established by section 21;

 

"immediate family member"

includes a spouse, parents, children, stepchildren, fostered or adopted children and siblings of either spouse;

[Definition inserted by section 1(g) of Act No. 32 of 2013]

 

"licensee"

means a person or organ of state issued with a licence for the National Lottery in terms of section 13;

[Definition amended by section 1(h) of Act No. 32 of 2013]

 

"lottery"

includes any game, scheme, arrangement, system, plan, promotional competition or device for distributing prizes by lot or chance and any game, scheme, arrangement, system, plan, competition or device, which the Minister may by notice in the Gazette declare to be a lottery;

 

"Minister"

means the Minister to whom the administration of this Act has been assigned;

 

"National Lottery"

means the lottery contemplated in Part I of this Act and includes all the lotteries conducted under the licence for the National Lottery, taken as a whole;

 

"net proceeds of the National Lottery"

means the sums that are payable to the fund or the board in terms of section 14(2)(e), but not the sums which are paid out for prizes of the National Lottery;

 

"newspaper"

includes a journal, magazine or other periodical publication;

 

"organ of state"

means an organ of state as defined in section 239 of the Constitution;

[Definition amended by section 1(i) of Act No. 32 of 2013]

 

"participant"

in relation to a lottery other than a promotional competition contemplated in section 54, means a person who is in possession of a valid ticket in that lottery;

 

"place"

means any place, whether or not it is a public place, and includes any premises, building, dwelling, flat, room, office, shop, structure, vehicle, vessel or aircraft;

 

"political office-bearer"

means a member of Parliament, a member of a provincial legislature, a diplomatic representative of the Republic who is not a member of the public service, a member of a house or council of traditional leaders, a member of the Volkstaat Council, a member of a municipal council and any official of a political party, alliance or movement;

 

"prescribe"

means prescribe by regulation, and "prescribed" has a corresponding meaning;

 

"private lottery"

means a lottery in the Republic which is conducted in accordance with section 37-

a) for and by members of a social or sporting club which is not connected with any form of gambling;
b) for and by persons all of whom work on the same premises;
c) for and by persons all of whom reside on the same premises;
d) by persons each of whom-
i) is one of the persons for whom the lottery is conducted; and
ii) in the case of a lottery conducted for the members of a social or sporting club, has been authorised in writing by the governing body of the social or sporting club to conduct the lottery;

 

"prize"

means the prize awarded to the winner of a lottery;

 

"promotional competition"

[Definition deleted by section 1(j) of Act No. 32 of 2013]

 

"society"

includes any club, institution, organisation or association of persons, and any separate branch or section of such a club, institution, organisation or association;

 

"society lottery"

means a lottery conducted by a society in accordance with Chapter 2 of Part II;

 

"software"

means a set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result;

 

"sporting event"

means any football, rugby, cricket, golf or tennis match, any boxing, wrestling, shooting or swimming contest, any foot, cycle, motor, boat or horse race, and any other lawful sporting contest, competition, tournament or game usually attended by the public;

 

"sports pool"

means any scheme, excluding any scheme or competition in respect of horse racing which is authorised by the board, or which is conducted in the same format and manner and under the same circumstances as a scheme or competition in respect of horse racing that existed prior to 18 June 1997, under which-

a) any person is invited or undertakes to forecast the result of any series or combination of sporting events in competition with other participants; and
b) a prize is to be awarded to the competitor who forecasts the said result correctly or whose forecast is more nearly correct than the forecasts of other competitors, or a number of prizes are to be awarded on the basis aforesaid,

and for the purposes of this definition the forecast of a result includes not only the forecast of the person, animal, thing or team that will be victorious or otherwise, but also any forecast relating to the system of scoring employed in the sporting event in question, or to the person who will be responsible for the score;

 

"subscription"

means the payment, or delivery of any money, goods, article, matter or thing, including any ticket, coupon or entry form, for the right to compete in a lottery;

 

"this Act"

includes regulations made under this Act;

 

"ticket"

in relation to a lottery or sports pool, means any symbol, sign, token, coupon, warrant, card, printed paper, document or list or any other means or device which confers or purports to confer the right to take part in a lottery or sports pool and which is issued by or on behalf of the lottery or sports pool in question.