Northern Cape Gambling Act, 2008
Act 3 of 2008
- Published in Northern Cape Provincial Gazette 1290 on 18 March 2009
- Commenced on 1 April 2010 by Northern Cape Gambling Act, 2008: Commencement
- [This is the version of this document from 6 August 2013 and includes any amendments published up to 1 May 2023.]
- [Amended by Northern Cape General Laws Amendment Act, 2013 (Act 1 of 2013) on 6 August 2013]
1. DefinitionsIn this Act, unless the context otherwise indicates-“amusement game” means a game that has a restricted prize;“amusement machine” means a machine or device on which an amusement game may be played;“applicant” means any person who, or entity which requests the Board or any of its members, officers, appointees or delegates to exercise a power, and in the case of a company, corporation, association, partnership or trust, includes each director, member, partner, beneficiary or trustee thereof;“associate” means—(a)an employer;(b)a partner in terms of a partnership agreement;(c)a co-shareholder of a private company contemplated in section 20 of the Companies Act, 1973 (Act No. 61 of 1973);(d)a co-member of a close corporation contemplated in section 2 of the Close Corporations Act, 1984 (Act No. 69 of 1984); or(e)a person to whom another person has granted or from whom another person has received a general power of attorney;“authorized officer” means a person authorized by delegation in terms of section 12;“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, or any other substantially similar game declared to be bingo in terms of section 6(4) of the National Gambling Act;“bingo operator license” means any license contemplated in section 48;“Board” means the Northern Cape Gambling Board established by section 2;“bookmaker” means any person who directly or indirectly lays or takes fixed-odds, bets or open bets with members of the public or takes such bets with other bookmakers;“bookmaker license” means any license contemplated in section 50;“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; or(c)limited pay-out machines and bingo, but no other gambling game are played or available to be played;“casino operator license” means any license contemplated in section 43;“chairperson” means a person appointed as chairperson of the Board in terms of section 3(5);“chief executive officer” means the chief executive officer of the Board appointed in terms of section 10(1)(a);“Companies Act” means the Companies Act, 1973 (Act No. 61 of 1973);“Competition Act” means the Competition Act, 1998 (Act No. 89 of 1998);“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;“Constitution” means the Constitution of the Republic of South Africa, 1996;“designated area”—(a)in relation to a site, means an area at that site in which any limited pay-out machine is authorized to be played; and(b)in any other case, means an area within licensed premises where any gambling game is available to be played;“electronic monitoring system” means an electronic or computer or communications system or device that is so designed that it may be used or adapted to send or receive data concerned with gambling, including but not limited to, data from gambling machines in relation to the security, accounting or operation of gambling machines;“event or contingency” means any occurrence of which the outcome is uncertain or unknown to any person until it happens;“excluded person” means a person who has been registered as such in terms of section 14 of the National Gambling Act in order to be prevented from engaging in any gambling activity;“Executive Council” means the Executive Council of the Province contemplated in section 132 of the Constitution;“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 Intelligence Centre Act” means the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), and the regulations made in terms of that Act;“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;“fixed-odds bet” means a bet on one or more contingencies in which odds are agreed at the time the bet is placed;“gambling activity” means any activity described as such in section 85;“gambling device” means equipment 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 employee certificate” means a certificate contemplated in section 54;“gambling game” means an activity described as such in section 87;“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;“independent site operator license” means a license contemplated in section 47;“inspector” means an inspector appointed under section 72;“junket agent license” means a license contemplated in section 44;“key employee certificate” means a certificate contemplated in section 53;“license” means a license referred to in section 21(1);“licensed premises” means any premises in or on which gambling or racing or any related activity is conducted under a license in terms of this Act;“limited pay-out machine” means a gambling machine with a restricted prize, described in section 26 of the National Gambling Act;“municipality” means a municipality contemplated in section 8, 9 or 10 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);“National Gambling Act” means the National Gambling Act, 2004 (Act No. 7 of 2004) or a regulation made under that Act;“National Gambling Board” means the National Gambling Board retained and constituted by Part B of Chapter 4 of the National Gambling Act;“National license” means a license issued in terms of the National Gambling Act;“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 pay-out 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;“person” includes a partnership, association, trust or a juristic person established by or in terms of any law;“political office-bearer” means-(a)a member of the National Assembly or the National Council of Provinces or the Cabinet;(b)a member of a provincial legislature;(c)a diplomatic representative of the Republic who is not a member of the public service;(d)a member of a house or council of traditional leaders;(e)a member of a local government body; or(f)a national or provincial office-bearer of any 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;“prize” means any prize or benefit or anything of value, which is offered to be won in a gambling activity in terms of this Act, including any movable or immovable property and any cash prize;“property” means any movable, immovable, corporeal or incorporeal property of any nature;“Province” means the Northern Cape Province as referred to in section 103 of the Constitution;“Provincial Legislature” means the Provincial Legislature of the Province as contemplated in section 104 of the Constitution;“public servant” means a person employed within an organ of state, or within a court, or a judicial officer;“race” means any horse race over a defined or agreed course held for the entertainment of tire public and members of any association or club, but does not include—(a)any race in the nature of a public trial gallop at which no betting takes place, held under the management and control of the holder of a horse racing license; and(b)any race or contest of a private nature at which no betting takes place;“register of excluded persons” means the register required to be maintained by the National Gambling Board in terms of section 14 of the National Gambling Act;“regulatory authority” means the Board or the National Gambling Board;“responsible Member” means the Member of the Executive Council of the Province responsible for gambling matters;“restricted gambling activity” means a gambling activity other than an informal bet;“route operator license” means a license contemplated in section 45;“rules” means the rules made by the Board in terms of section 63;“site” means premises at which one or more limited pay-out machines are placed and made available for play by the holder of a site operator license;“site operator license” means a license contemplated in section 46;“spouse” means a person’s—(a)partner in a marriage or civil union;(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;“temporary license” means any license contemplated in section 36(2)(b);“this Act” includes any regulation or rule made or issued under it;“totalisator operator license” means a license contemplated in section 51; and“winning bet” means any bet where the person who placed the bet correctly predicted the result of the event or contingency or combination thereof in respect of which the bet was placed.
Northern Cape Gambling Board
2. Establishment of Northern Cape Gambling BoardThere is hereby established a juristic person to be known as the Northern Cape Gambling Board to control and regulate, subject to this Act, the National Gambling Act or any other law activities related to racing, gambling and wagering in the Province.
3. Composition of the Board
4. Term of office of members of Board
5. Eligibility to serve on the Board
6. Conflicting interests
7. Removal from office
8. Meetings of the Board
9. Committees of Board
10. Staff of Board and remuneration
11. Remuneration of members of Board
14. Accountability, audits and reports
15. Powers and functions of the Board
Hearings, investigations and enquiries
16. Powers and procedure for hearings and investigations
17. Investigation costs in respect of licenses or certificatesIn respect of a license or certificate-
18. Enforcement enquiriesThe Board may, for the purpose of achieving the objectives of this Act, cause to be carried out an enquiry—
19. Witnesses and evidence
Licensing and approval
20. Right to conduct gamblingThe rights and duties pertaining to any license are, subject to the National Gambling Act, as set out in this Act.
21. Kinds of licenses and limitations
22. National licensesThe Board must deal with national licenses in accordance with the provisions of the National Gambling Act.
23. Disqualifications and restrictions for licenses
24. Disqualification after license issuedIf a person who holds a license, or an interest in a licensee, becomes disqualified in terms of section 23(1), or the National Gambling Act, after the license was issued—
25. Acquisition of interest by disqualified personIf a person who is disqualified in terms of section 23(1) acquires a license, or any of the total financial interest in a licensee, that person must, within a period of not more than three years, as determined by the Board after considering the circumstances and the nature of the disqualification, dispose of that license or any financial interest in that licensee, as the case may be.
26. Decisions of the Board
27. Further applicationsAny person not disqualified in terms of this Act or the National Gambling Act, may apply for a license, but—
28. Licensing procedure
29. Hearing of application for license
30. Procedure provided for by National Gambling Act to take precedenceIf, in the case of a specific category of license, the National Gambling Act makes specific provision for the procedure to be followed with the application or hearing of such license, that procedure must be followed by the Board when dealing with the license concerned.
31. Economic and social development issues to be considered
32. Competition issues to be considered
33. State interests
34. License requirementsThe Board-
35. External probity reports
36. License criteria, categories and conditions
37. Renewal of licenses
38. Suspension or revocation of license
39. Transfer and removal of license and acquisition of certain interest in licensee
40. Duty to produce and display licenses
41. License application and annual license fees
42. Death, insolvency or incapability of a licensee
43. Casino operator licenseA casino operator license is required by any person who maintains or operates premises where gambling games are played, or are available to be played, but does not include premises in which-
44. Junket agent licenseA junket agent license is required by any person who, for commission, a share in gambling profits or any other consideration, in conjunction with the holder of a casino operator license plans or organizes a visit or an excursion to a casino by one or more persons who receive complimentary services such as transport, food and lodging as an inducement to gamble at the casino.
45. Route operator licenseSubject to section 26 of the National Gambling Act, a route operator license is required by a person who owns and provides limited pay-out machines to one or more holders of site operator licenses, and is responsible-
46. Site operator licenseSubject to section 26 of the National Gambling Act, a site operator license is required by any person who maintains or operates premises where limited pay-out machines, obtained from a licensed route operator, are kept and made available for play in or on such premises.
47. Independent site operator licenseSubject to section 26 of the National Gambling Act, an independent site operator license is required by a site operator who is not linked to a route operator and owns and operates limited pay-out machines on a single site and is responsible-
48. Bingo operator licenseA bingo operator license is required by any person who maintains or operates premises where bingo is played, but not a casino.
49. Horse racing licenseA horse racing license is required by any person conducting a race in the Province.
50. Bookmaker licenseA bookmaker license is required by any 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.
51. Totalisator operator licenseA totalisator operator license is required by any person who accepts totalisator bets, but does not authorize the holder of such license to conduct a “sport pool” as contemplated in Schedule 4 of the Constitution.
52. Disqualification for employment certificates
53. Key employee certificate
54. Gambling employee certificateA gambling employee certificate is required by a person, other than the holder of a key employee certificate, employed by the holder of a license issued in terms of this Act or the National Gambling Act, who is directly involved in the activities performed under the license.
55. Notice of termination of serviceThe employer of either a key employee contemplated in section 53, or a gambling employee contemplated in section 54, must give notice to the Board within 14 days of the termination of the services of such employee as a key employee or a gambling employee, as the case may be.
56. Bookmaker’s manager and bookmaker’s clerk certificate
57. Suspension or revocation of certificate of employmentFor the purpose of the suspension or revocation of an employment certificate issued in terms of this Act, the provisions of section 38 apply with the changes required by the context.
58. Temporary employment certificates
59. Restrictions applicable to employeesNo person who is required to hold a certificate of registration in terms of section 53 or 54 may, in a casino or a bingo hall with which he or she is associated, as the case may be, participate in or play any game, but such a person may participate in such gambling if it is necessary for the performance of his or her functions as an employee.
60. Monitoring systems
61. Collateral security
62. Restriction of betting through agent and unlawful inducement to bet
63. Rules of gambling games
64. Availability of rulesThe holder of a license issued in terms of this Act must, at the request of any customer, make available for examination a copy of the rules of gaming in respect of any particular gambling game authorized by the license.
65. Gambling devices
66. Standards for gambling devicesAll gambling machines or gambling devices exposed for play and any electronic monitoring system used to monitor such devices must—
67. Books, accounts and recordsThe holder of a license must keep such books, accounts and records and furnish such returns as may be determined by the Board or any applicable law.
68. Restrictions on advertising and promotion of gambling activities and granting of discount
69. Restrictions on granting credit to gamblersA person licensed to make any gambling activity available to the public must not extend credit contrary to the National Gambling Act, in the name of the licensee or a third party, to any person for the purposes of gambling and may only extend such credit subject to the National Credit Act, 2005 (Act No. 34 of 2005).
70. Approval of certain contractsNo license holder may enter into any contract with another person for the furnishing of any service, goods or property in respect of which such other person will receive payment, commission or any other consideration based directly or indirectly on earnings or profits from any gambling, unless such person is the holder of a certificate issued by the Board after investigating the suitability of that person to enter into the contract concerned.
Enforcement and offences
72. Appointment of inspectors by Board
73. Powers and functions of inspectors
74. Reward for informersThe Board may, from appropriated funds, pay to any person who has furnished information leading to the conviction of any other person for a contravention of any provision of this Act, a reward.
75. Control of entry to certain premisesThe holder of any license or any employee of such a license holder may—
76. Offences and penalties
Prohibited gambling, restricted activities and status of gambling debts
77. Gambling in relation to illegal activities unlawfulNo person may—
78. Unlicensed gambling activities unlawfulNo person may engage in, conduct or make available a gambling activity except—
79. Unlicensed dealing in machines and devices unlawfulNo person may—
80. Unlicensed use of premises unlawful
81. Protection of minors
82. Enforceability of gambling debts and forfeiture of unlawful winnings
83. Cheating and cheating devices
84. Prohibition of gambling by persons concerned with gambling businessNo person who is in any way concerned with the management, supervision, control or administration of a gambling business, other than a bookmaking business or any game played at such a business, may participate in such game or in gambling at such business or at any other gambling business other than a bookmaker’s business operated by the same license holder in the Province, save in so far as he or she may be required to do so by the nature of his or her employment in the operation of such game so as to enable other persons to participate in the game or betting.
85. Gambling activities generallyAn activity is a gambling activity if it involves—
86. Bets and wagers
87. Gambling games
88. Pay-out and opportunity to play further game
General and transitional provisions
90. Compliance with certain laws a condition of licenseIt is a condition of every license issued in terms of this Act that the licensee must comply with every applicable provision of-
91. Repeal of lawsSubject to section 92, the laws mentioned in the Schedule, are hereby repealed to the extent set out in the third column of the Schedule.
92. Transitional provisions
93. Short title and commencementThis Act is called the Northern Cape Gambling Act, 2008, and comes into operation on a date fixed by the Premier by proclamation in the Provincial Gazette.
History of this document
06 August 2013 this version
01 April 2010
Commenced by Northern Cape Gambling Act, 2008: Commencement
|Northern Cape Gambling Regulations, 2010||General Notice 17 of 2010|
|Regulations Regarding the Chief Executive Officer, 2009||General Notice 151 of 2009|
Cited documents 9
- Competition Act, 1998
- Constitution of the Republic of South Africa, 1996
- Corporation for Public Deposits Act, 1984
- Financial Intelligence Centre Act, 2001
- Local Government: Municipal Structures Act, 1998
- National Credit Act, 2005
- Prevention and Combating of Corrupt Activities Act, 2004
- Prevention of Organised Crime Act, 1998
- Public Finance Management Act, 1999