National Gambling Amendment Act 39 of 1999

National Gambling Amendment Act, 1999 (No. 39 of 1999)

GENERAL EXPLANATORY NOTE:
__ Words underlined with a solid line indicate insertions in existing enactments.

(English text signed by the President.)
(Assented to 30 September 1999.)

Act

• to amend the National Gambling Act, 1996, so as:
  • to provide anew for the disposal of the financial interest of certain entities in gambling activities;
  • to provide for any legal disability of certain entities to be disregarded under certain circumstances; and
  • to provide for the retrospective operation of those provisions; and
• to provide for matters connected therewith. 

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

Amendment of section 13 of Act 33 of 1996, as amended by section 1 of Act 36 of 1999

1. (1) Section 13 of the National Gambling Act, 1996, is hereby amended-

(a) by the substitution for subparagraph (ii) of paragraph (fj of subsection (1) of the following subparagraph:

“(ii) in the case of the North West Development Corporation (Pty) Limited, the Transkei Development Corporation Limited and Ciskei Peoples Development Bank Limited or any company or corporation into which any of those entities may have been converted or any organ of State or organisation with which the State is concerned to which those entities have transferred an interest in gambling activity, from a date determined by the Minister bv notice in the Gazette: or”; and

(b) by the substitution for paragraph (fAJ of subsection (1) of the following paragraph:

“(fA) a provincial licensing authority shall, notwithstanding paragraph (f), disregard-

(i) any financial interest in any gambling activity held by the State, an organ of State or any organisation with which the State is concerned, including any entity contemplated in paragraph (f)(ii);

(ii) any legal disability such as provisional judicial management, judicial management or any form of winding-up as provided for in the Companies Act, 1973 (Act No. 6 1 of 1973). or in any other law. of any entity contemplated in subparagraph (i),

when considering an application for a licence contemplated in paragraph (j] before the date contemplated in paragraph (f)(i), (ii) or (iii), as the case may be;“.

(2) Subsection (1) shall be deemed to have been enacted and to have come into operation on 18 April 1997, and all licensing procedures followed, including the  consideration of applications for casino licences and conclusions reached regarding the qualifying status of any applicant for a casino licence, which would have been valid if
subsection (1) had been enacted and in operation on that date, are, to the extent necessary, hereby validated.

Short title

2. This Act is called the National Gambling Amendment Act, 1999.

Commencement

1 October 1999