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Lotteries Act, 1997

Act 57 of 1997

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Lotteries Act, 1997
Citation
Act 57 of 1997
Date
14 November 1997
Language
English
Publication
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History of this document

14 April 2015 amendment not yet applied
31 March 2011 amendment not yet applied
01 April 2008 amendment not yet applied
27 April 2004 amendment not yet applied
02 May 2003
Commenced by Lotteries Act, 1997: Commencement

Note: Section 54 commenced

07 June 2002 amendment not yet applied
17 March 2000 amendment not yet applied
01 March 2000
Commenced by Lotteries Act, 1997: Commencement

Note: Sections 21-53 commenced

28 August 1998
Commenced by Lotteries Act, 1997: Commencement

Note: Sections 55-68 commenced

17 July 1998
Commenced by Lotteries Act, 1997: Commencement

Note: Sections 1-20 commenced

14 November 1997 this version
06 November 1997
Assented to

Cited documents 0

Documents citing this one 105

Gazette
77
Judgment
24
National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17 (2 December 1999)
Reported
Excluding permanent same-sex life partners from spousal immigration benefits violates equality and dignity; courts may read words into statutes.
Constitutional law – Equality and dignity – Immigration law – Section 25(5) of Aliens Control Act – exclusion of permanent same-sex life partners from spousal immigration benefit – unfair discrimination on grounds of sexual orientation and marital status – not justified under section 36; Remedy – courts may read words into statutes to cure unconstitutional under-inclusiveness where precision possible and interference with legislature minimal; procedural – refusal to postpone and late affidavits dismissed.
Volks NO v Robinson and Others [2005] ZACC 2 (21 February 2005)
Reported
Whether the Maintenance of Surviving Spouses Act protects survivors of permanent life partnerships as it does married spouses.
Constitutional law — Equality (section 9) and dignity (section 10) — Maintenance of Surviving Spouses Act — Whether ‘survivor’ includes permanent life partners — Interpretation and remedial options (reading‑in, suspended declaration) — Legislative law‑reform context; vulnerability of cohabiting partners.
National Lotteries Board v South African Education and Environment Project (788/2010) [2011] ZASCA 154 (28 September 2011)
Reported
A decision‑maker may not rigidly apply guidelines or supply post hoc reasons to justify refusing administrative grant applications.
Administrative law – discretionary grant schemes – guidelines permissible but must not be applied rigidly; fettering discretion; duty to give reasons – impermissibility of post hoc rationalisation in answering affidavits; review of formulaic administrative decision‑making.
Satchwell v President of Republic of South Africa and Another [2002] ZACC 18 (25 July 2002)
Reported
Omission of same-sex life partners from judicial survivor benefits constitutes unfair discrimination; remedy: reading-in with support-duty requirement.
Constitutional law – Equality – Discrimination on the ground of sexual orientation – Statutory exclusion of same-sex life partners from spouse benefits unconstitutional – Reading-in as appropriate remedy – Requirement of reciprocal duties of support.
On-line Lottery Services (Pty) Ltd v National Lotteries Board and Another (536/2008) [2009] ZASCA 86 (7 September 2009)
Reported
The applicant’s online ticket‑agency did not pass off; 'LOTTO' was generic and its registrations were expunged.
* Trade marks – registrability – descriptive/generic terms – 'LOTTO' held generic and not inherently distinctive; expungement under s 24(1) and non-use under s 27(1)(b). * Passing off – requirement of misrepresentation and deception – online agent purchasing tickets on behalf of members did not constitute passing off. * Lotteries Act – s 57(2)(g) – facilitation of betting/wagering – online agency purchase of tickets did not contravene provision. * Costs – sanction for inclusion of unnecessary material in appeal record.
Kgopana v Matlala (1081/2018) [2019] ZASCA 174 (2 December 2019)
A hypothetical WhatsApp message was not an offer and did not create a binding contract.
Contract formation – electronic communication – whether a WhatsApp hypothetical statement constituted an offer animo contrahendi; objective manifestation of intention; animus contrahendi; quasi‑mutual assent (reliance theory); acceptance by conduct (issuing summons).
Lottostar (Pty) Ltd and Others v Ithuba Holdings (Pty) Ltd and Others (624/22; 630/22) [2023] ZASCA 119 (5 September 2023)
Appellate court stayed appeal and ordered notification of potentially affected parties where non-joinder raised significant national implications.
Joinder – non-joinder of interested third parties; appellate procedure where litigation has wider constitutional and provincial implications; stay of appeal pending notification and opportunity for affected parties to be bound or join; constitutional interpretation and concurrent legislative competence (s 150 of the Constitution); avoidance of multiplicity of proceedings and prejudice to third parties.
National Lotteries Board v Bruss and Others (730/2007) [2008] ZASCA 167 (1 December 2008)
Reported
The applicant may seek declaratory relief; SMS-paid charity competitions are unlawful lotteries, not promotional competitions.
Lotteries Act – s 10(d) implied power to institute proceedings to police and enforce Act; meaning of 'subscription' includes premium-rate SMS and postcard entry; promotional competition requires dominant purpose to promote sale/use of goods or services – fundraising competitions are not promotional competitions; unauthorised lotteries prohibited by ss 56–57.
KwaZulu-Natal Bookmakers’ Society and Another v Phumelela Gaming and Leisure Ltd and Others (889/2018) [2019] ZASCA 116 (19 September 2019)
Reported
Totalisator betting on sports other than horse racing is not a Lotteries Act sports pool; provincial regulation and licences valid.
* Statutory interpretation – Lotteries Act "sports pool" v National Gambling Act "totalisator betting" – distinction between prizes and dividend-based wagering. * Constitutional and legislative context – lotteries and sports pools (national) versus gambling/wagering (concurrent/provincial). * Validity of provincial totalisator licences for betting on sports other than horse racing. * Procedural – limits on late, unpleaded challenges to consolidated rules and deemed approvals.
National Union of Public Service and Allied Workers (NUPSAWU) obo Mani and Others v National Lotteries Board (576/2012) [2013] ZASCA 63 (24 May 2013)
Reported
Dismissal for credible insubordination via a petition was not automatically unfair and was substantively and procedurally fair.
Labour law – dismissal – automatic unfairness s187(1)(d) – distinction between protected union activity and unlawful insubordination/defamatory conduct; procedural fairness in disciplinary enquiries; proportionality of sanction and use of grievance procedures.
Act
3
By-law
1
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