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National Gambling Act, 2004 (Act No. 7 of 2004)

Chapter 3 : Jurisdiction and Licensing

Part B : National licences

37A. Maximum number of interactive gambling licences

 

1) The Minister may, by regulations made in accordance with section 87 and after considering the criteria set out in this section, prescribe the maximum number of interactive gambling licences that may be granted in the Republic.

 

2) Before making the regulations contemplated in subsection (1), the Minister must consult the Competition Commission established in terms of section 19 of the Competition Act, 1998 (Act No. 89 of 1998), and must consider, amongst other things –
a) the number and geographic location of—
i) existing licensed casinos and interactive providers operating within the Republic and the period of validity of the licences under which they operate;
ii) additional interactive gambling licences available in terms of the maximum numbers in force; and
b) whether it is desirable to prescribe a maximum number of interactive gambling licences, after considering—
i) the incidence and social consequences of compulsive and addictive gambling;
ii) black economic empowerment;
iii) new entrants in the gambling industry;
iv) job creation within the gambling industry;
v) diversity of ownership within the gambling industry;
vi) efficiency of operation of the gambling industry; and
vii) competition within the gambling industry.

 

3) If the Minister prescribes a maximum number of interactive gambling licences in the Republic that is less than the number of existing interactive providers, the existing interactive providers may continue to operate, subject to the conditions of their respective licences, but no additional licences may be granted in the Republic until the number of existing interactive providers is less than the prescribed maximum number of interactive gambling licences.