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

Part II : Other Lotteries

Chapter 3 : Functions of board in respect of society lotteries

41. Registration of societies

 

(1) An application to the board for the registration of a society shall—
(a) specify the address of the office or head office of the society;
(b) specify the purposes for which the society was established;
(c) include a copy of the registration of the society in terms of the Fund-raising Act, 1978; and
(d) include a copy of any scheme approved by the society in terms of section 38(c).

 

(2) Subject to the provisions of this Chapter, the board shall register the society in a register to be kept for that purpose.

 

(3) A society shall not be registered under this section and no scheme shall be approved by the board unless—
(a) application on behalf of the society has been made to the board in writing as contemplated in subsection (1) and the applicant has furnished such further information as may be prescribed by the Minister;
(b) the board is satisfied that—
(i) any person who will be conducting a lottery on behalf of the society is a fit and proper person;
(ii) the society has adequate resources available to provide facilities that are necessary for conducting the lottery;
(iii) the society complies with the requirements of section 38;
(iv) no information given by the society to the board in or in connection with the society’s application for registration was materially false;
(v) the address of the office or head office of the society is not the same as the address of the office or head office of another society that is established for the same or a connected purpose and is registered under this section;
(vi) every lottery conducted on behalf of the society within the last five years has been properly conducted to the satisfaction of the board;
(vii) the society has not failed to comply with a requirement imposed under section 38, 44, 45 or 46;
(viii) if the society lottery is to be conducted by a lottery manager, that that lottery manager has provided security as prescribed by the Minister;
(ix) no act or omission by a person who is or will be connected with a society lottery conducted or proposed to be conducted on behalf of the society caused—
(aa) the registration of another society to be refused or revoked as a result of information contemplated in subparagraph (iv) or section 44, 45 or 46; or
(bb) a lottery, in the conduct of which such person was involved, to be improperly conducted; and
(x) the scheme attached to the application for registration, or any other scheme subsequently approved by the society under section 38(c), is lawful and will be run in accordance with sound financial principles and methods.