Contingency Fees Act, 1997
R 385.00
National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 1 : Interpretation and Application1. Definitions |
In this Act, unless the context indicates otherwise-
"amusement game"
means a game that has a restricted prize, and that may be 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;
"associate"
means-
| a) | an employer; |
| b) | a co-shareholder of a private company contemplated in section 20 of the Companies Act, 1973 (Act No. 61 of 1973); |
| c) | a co-member of a Close Corporation contemplated in section 2 of the Close Corporations Act, 1984 (Act No. 69 of 1984); and |
| d) | a person to whom one has granted or from whom one has received a general power of attorney; |
"authorised financial institution"
means a financial institution registered in terms of the Banks Act, 1990 (Act No. 94 of 1990), or comparable legislation in approved foreign countries contemplated in section 11A, which regulate institutions that conduct the business of a bank;
"bingo"
means a game, including a game played in whole or in part by electronic means-
| a) | that is played for consideration, using cards or other devices- |
| i) | that are divided into spaces each of which bears a different number, picture or symbol; and |
| ii) | with numbers, pictures or symbols arranged randomly such that each card or similar device contains a unique set of numbers, pictures or symbols; |
| b) | 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 |
| c) | in which the player who is first to match all the spaces on the card or device, or who matches a specified set of numbers, pictures or symbols on the card or device, wins a prize, |
| d) | 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;
"cash dispensing machine"
means an automatic teller machine or any similar device that dispenses cash to approved account holders or card holders;
"casino"
means premises where gambling games are played or, are available to be played, but does not include premises in which-
| a) | only bingo and no other gambling game is played or available to be played; |
| b) | only limited pay-out machines are available to be played; |
| c) | limited pay-out machines are available to be played and bingo, but no other gambling game is played or available to be played; or |
| d) | only social gambling is conducted in terms of a temporary license or provincial law; |
"Chief Executive Officer"
means the person appointed by the board in terms of section 73(1)(a);
"consideration"
means-
| a) | money, merchandise, property, a cheque, a token, a ticket, electronic credit, credit, debit or an electronic chip, or similar object; or |
| b) | any other thing, undertaking, promise, agreement or assurance, regardless of its apparent or intrinsic value, or whether it is transferred directly or indirectly: |
"contingency"
means an event or occurrence of which the outcome is uncertain or unknown to any person until it happens;
"Council"
means the National Gambling Policy Council established by section 61;
"data"
has the meaning ascribed to that word in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
"designated area"-
| a) | when used in relation to a site, means an area at that site in which any limited pay-out machine is authorised to be placed; and |
| b) | when used in any other case, means an area within licensed premises where any gambling game is available to be played; |
"discounted price"
means a price charged by a licensee for any goods or services that is significantly below the prevailing fair market price for similar goods or services provided in the ordinary course of business by persons who are not licensees in terms of this Act or provincial law;
"electronic agent"
has the meaning set out in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
"electronic betting or wagering"
means betting or wagering in the manner contemplated in section 4(3);
"electronic communication"
has the meaning ascribed to that phrase in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
"employment licence"
means a license permitting a person to work in the gambling industry within the Republic;
"excluded person"
means a person who has been registered as such in terms of section 14 in order to be prevented from engaging in any gambling activity;
"external company"
has the meaning ascribed to that phrase in section 1 of the Companies Act, 1973 (Act No. 61 of 1973);
"family member"
means a person’s-
| a) | spouse; or |
| b) | child, parent, brother or sister, whether such a relationship results from birth, marriage or adoption; |
"financial interest"
means-
| a) | a right or entitlement to share in profits or revenue; |
| b) | a real right in respect of property of a company, corporation or business; |
| c) | a real or personal right in property used by a company, corporation or business; or |
| d) | a direct or indirect interest in the voting shares, or voting rights attached to shares, of a company or an interest in a close corporation; |
"Financial Intelligence Centre Act"
means the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), and the regulations made in terms of that Act;
"fixed-odds bet"
means a bet on one or more contingencies in which odds are agreed at the time the bet is placed;
"foreign national"
means an individual who is neither a citizen nor a resident of the Republic;
"gambling activity"
means any activity described as such in section 3;
"gambling device"
means equipment, software or any other thing that is used, or at the time of its manufacture was designed to be used in determining the result of a gambling activity;
"gambling game"
means any activity described as such in section 5;
"gambling industry"
includes any matter regulated in terms of this Act, but does not include a regulatory authority;
"gambling machine"
means any mechanical, electrical, video, electronic, electro-mechanical or other device, contrivance, machine or software, other than an amusement machine, that-
| a) | is available to be played or operated upon payment of a consideration; and |
| b) | may, as a result of playing or operating it, entitle the player or operator to a pay-out, or deliver a pay-out to the player or operator; |
"home page"
has the meaning ascribed to that phrase in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
"informal bet"
means a bet, wager, undertaking, promise or agreement contemplated in section 4, between or among two or more persons, if-
| a) | none of the parties involved is a bookmaker or derives a significant portion of their livelihood from gambling; and |
| b) | no person is paid a fee or derives any gain, other than winning the bet itself, from the activity; |
"interactive gambling equipment"
means electronic or other equipment used by or on behalf of an interactive provider-
| a) | to store information relating to a person who is participating in the gambling; |
| b) | to present, to persons who are participating or may participate in the gambling, a virtual game, virtual race or other virtual event or process by reference to which the gambling is conducted; |
| c) | to determine all or part of a result or of the effect of a result; or |
| d) | to store information relating to a result, |
but does not include equipment which—
| i) | is used by a person to take advantage of interactive gambling facilities provided by another person; and |
| ii) | is not provided by that other person; |
"interactive gambling licence"
means a licence contemplated in section 39A;
"interactive gambling software"
means computer software designed for use in connection with interactive games, but does not include software designed for use solely in connection with a gambling machine;
"interactive game"
means a gambling game played or available to be played through the mechanism of an electronic agent accessed over the lnternet other than a game that can be accessed for play only in licensed premises, and only if the licensee of any such premises is authorised to make such a game available for play;
"interactive provider"
means a person licensed to make an interactive game available to be played;
"Internet"
has the meaning set out in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
"inspector"
means a person appointed in terms of section 76;
"license"
includes to register, approve or certify, in terms of any applicable provincial law;
"licensed"
when used in relation to-
| a) | a person, means to be in lawful possession of a valid licence, registration card or certificate issued to that person in terms of this Act or provincial law; or |
| b) | a gambling activity, means that a valid licence has been issued, in terms of this Act or provincial legislation, to a licensee permitting the licensee to engage in or conduct that activity, or make that activity available for other persons to engage in it; |
"licensed premises"
means specific premises that are named or described in a licence issued in terms of this Act or applicable provincial law;
"limited pay-out machine"
means a gambling machine with a restricted prize, described in section 26;
"manufacturer, supplier or maintenance provider"
means a person whose business is to import, manufacture, sell, lease, make available, distribute, maintain or repair a gambling device;
"Minister"
means the member of Cabinet responsible for the administration of this Act;
"minor"
means a person under the age of 18 years;
"money laundering"
has the meaning ascribed to that expression in section 1 of the Financial Intelligence Centre Act;
"national licence"
means a license issued in terms of this Act;
"nominated account"
means an account nominated by a player and held in the player's name at an authorised financial institution;
"open bet"
means-
| a) | a bet, other than a totalisator bet, taken by a bookmaker on one or more contingencies, in which no fixed-odds are agreed at the time the bet is placed; or |
| b) | a bet in respect of which the payout is determined after the outcome of the contingency on which such a bet is struck became known, with reference to dividends generated by a totalisator; |
"organ of state"
has the meaning set out in section 239 of the Constitution;
"partner"
means a person with whom one has entered into a partnership agreement with the intention of making a profit;
"person"
includes a Partnership, association, trust, or a juristic person established by or in terms of any law;
"player account"
means an account held in the name of the player with an interactive provider;
"political office bearer"
means-
| a) | a member of the National Assembly, the National Council of Provinces or the Cabinet; |
| b) | a member of a provincial legislature; |
| c) | a member of a municipal council or local authority; |
| d) | a diplomatic representative of the Republic who is not a member of the public service; |
| e) | a member of a house, or council of traditional leaders; or |
| f) | a national or provincial office bearer of a political party; |
"premises"
includes land and any building, structure, vehicle, ship, boat, vessel, aircraft or container;
"prescribed"
means prescribed by regulation in terms of this Act;
"prohibited practice"
has the meaning assigned to it in the Competition Act, 1998 (Act No. 89 of 1998);
"provincial law"
means an Act of a provincial legislature concerning the regulation of casinos, gambling, racing or wagering and includes subordinate legislation made in terms of such Act;
"provincial licence"
means a licence issued by a provincial licensing authority in terms of applicable provincial laws;
"provincial licensing authority"
means a body established by provincial laws to regulate casinos, racing, gambling or wagering;
"public servant"
means a person employed within an organ of state or within a court, or a judicial officer;
"register of excluded persons"
means the register required to be maintained by the board in terms of section 14;
"registered player"
means a person who is registered to participate in interactive gambling activities in terms of this Act;
"regulatory authority"
means the board or a provincial licensing authority;
"restricted gambling activity"
means a gambling activity other than social gambling or an informal bet;
"route operator"
means a person who is licensed as such in terms of applicable provincial laws contemplated in section 18;
"site"
means premises licensed in terms of applicable provincial law for the placement of one or more limited pay-out gambling machines contemplated in section 18;
"site operator"
means a person who is licensed to operate a site in terms of applicable provincial laws contemplated in section 18;
"social gambling"
has the meaning, if any, set out in applicable provincial laws;
"South African Bureau of Standards"
means the entity of that name established in terms of section 2(1) of the Standards Act, 1993 (Act No. 29 of 1993);
"spouse"
means a person’s-
| a) | partner in a marriage; |
| b) | partner in a customary union according to indigenous law; or |
| c) | partner in a relationship in which the parties live together in a manner resembling a marital partnership or customary union; |
"testing agent"
means a person licensed in terms of this Act to test and calibrate gambling machines or gambling devices; and
"this Act"
includes the schedule and regulations.
"website"
has the meaning ascribed to that word in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).
