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

Chapter 3 : Jurisdiction and Licensing

Part C : Provincial licences

45. Maximum numbers of casino licences

 

1) The Minister, by regulation made in accordance with section 87, and after considering the criteria set out in this section, may prescribe a maximum number of casino licences that may be granted in the Republic, and in each province.

 

2) Before making a regulation contemplated in subsection (1), the Minister may consult the Competition Commission, and must consider, amongst other things, the following criteria:
a) The number and geographic distribution of-
i) existing licensed casinos and interactive providers operating within the Republic, and the duration of the licences under which they operate; and
ii) additional casino licences available in terms of the maximum numbers then in force; and
b) whether it is desirable to alter the maximum numbers of casino licences, in the Republic as a whole, or within any particular province or provinces, in order to -
i) address the incidence and social consequences of compulsive and addictive gambling;
ii) promote black economic empowerment; or
iii) promote-
aa) new entrants to the gambling industry;
bb) job creation within the gambling industry;
cc) diversity of ownership within the gambling industry;
dd) efficiency of operation of the gambling industry; or
ee) competition within the gambling industry.

 

3) If the Minister establishes a maximum number of casino licences, in the Republic as a whole or within a particular province, that is lower than the number of licensed casinos then operating in the Republic or that province, the licensed casinos then operating may continue to operate, subject to the conditions of their respective licences, but no additional licences may be granted in the Republic or the particular province, as the case may be, until the number of operating casinos is lower than the prescribed maximum number of casino licences.