National Gambling Bill: final mandates

Meeting report

ECONOMIC AND FOREIGN AFFAIRS SELECT COMMITTEE
24 November 2003
NATIONAL GAMBLING BILL: FINAL MANDATES

Chairperson: Mr B Tolo

Documents handed out:
National Gambling Bill [B48B-2003]
Proposed Amendments to the National Gambling Bill (Appendix 1)
NCOP mandate comments and responses (document awaited)
Provincial mandates (Appendix 2)

SUMMARY
The Department of Trade and Industry presented the final amendments on the National Gambling Bill . The Special Delegate from KwaZulu-Natal raised the most concerns around the definition of "family member", the prescribed distance of ATM's from the gambling floor and gambling-related activities. Only the Western Cape and KwaZulu-Natal presented final mandates as other provinces were not represented in the meeting. A quorum had not been reached and the Committee could not vote on the Bill until other Members arrived in the latter stage of the meeting. The Committee succeeded to vote on and pass the National Gambling Bill.

MINUTES
Ms A Ludin (Deputy Director General, Corporate Consumer Regulation Division,Department of Trade and Industry) led Members through the document entitled "NCOP mandate comments and responses".

Clause 1
Mr Osbrooke (Special Delegate: KZN) asked why the KZN concern around the definition of route operator had not been addressed.

Mr P Knight (Legal Drafter) answered that the intent of the Bill is not to introduce a new definition as there may be different definitions of "route operator" in different provinces.

Clause 9
Mr Knight explained that the third line would read "such a machine or device".

Mr Osbrooke asked as to the difference between a machine and a device.

Mr Knight said that "device" is considered as something beyond a machine, including dice and cards.

Clause 15
Mr Osbrooke mentioned concerns around the concept of "gambling related activity".

Ms Ludin said that "gambling related activity" pertains to a wide range of activities together. This concept ties non-gambling activities together with gambling activity.

Mr Knight added that any restriction of advertising constituted a restricting the freedom of expression.

Mr Osbrooke asked if this would also be true of sports and entertainment.

Ms Ludin explained that when an advertisement ties gambling to a sporting event as inducement to gambling, this would be considered unlawful. The intention is not to limit casinos from hosting event, but the event should not be used to attract people into a casino to gamble.

Clause 16
Mr Osbrooke asked as to the meaning of the word "near" regarding how far ATM's should be placed from the gambling floor.

Ms Ludin explained that it is difficult to have one rule across the board because casinos vary in size.

Ms N Ntwanambi (ANC) suggested that warning slogans like "Gamble with your head, not your heart" be placed at ATM's.

Ms Ludin said that this particular provision was difficult to phrase as one rule could not be prescribed for all casinos as aforementioned.
Mr Knight added that there should be a degree of flexibility to prevent casino owners from placing ATM's wherever they pleased. The regulations will prescribe locations and distances. This will enable the Minister to ban the location of ATM's inside or outside of licensed premises. Regulations must be precise on this issue.

Ms Ntwanambi (ANC) asked if this would impact on ATM's already in place at casinos.

Ms Ludin answered that it would indeed be the case.

Mr Osbrooke asked what the intention of the drafter is as the Department remained vague on the issue.

Ms D Ramodibe (ANC) pointed out that ATM's at casinos only allowed for withdrawals.

Ms Ludin proposed that "near" be replaced with "within close proximity".

The Chairperson suggested that the Committee flag the issue.

Clause 26
Mr Osbrooke asked why the term "maximum" is not used.

Ms Ludin explained that "limited" would imply a maximum.

The Chairperson suggested that the issue be flagged.

Clause 50
Mr Osbrooke said that KZN had wanted to retain the defintion of "family member".

Ms Ludin said that this comment had come through the various drafts of the Bill. If the reference to brother and sister is removed, these family members dependent on their sibling's income would not be able to go to court to have the person added onto the excluded persons list.

Schedule
Mr Osbrooke pointed out that the Schedule does not meet the requirements of section 87.

Mr Knight said that section 87 prescribes that the Minister must consult with the Council before regulations are made. However, the Council will not exist until the Bill is passed.

Mr Osbrooke asked whether this would not leave the issue open to abuse. He asked whether 45 days is enough time to react.

The Chairperson reminded the Committee that a quorum is necessary to vote on the Bill. Only three provinces are present and five are required for voting. He suggested that the meeting be temporarily adjourned until the quorum is formed.

The Committee dealt with flagged issues.

Mr J Strydom (DTI ) suggested that, in terms of clause 14, the words "within, near or within a prescribed premises" could substitute "near". In this way, the principle remains and the Minister can do the necessary should this provision not suffice.

Mr F Adams (NNP) suggested the following substitution: "within a designated area or prescribed distance".

Ms Ludin then proposed that "from such a designated area" be added to the end of Mr Adams' suggestion.

The Committee agreed.

Provincial Mandates
A quorum was formed to vote on the Bill.

Gauteng did not present a mandate as there had not been any feedback from the province.

KZN and Western Cape provinces supported the Bill.

Mr Strydom said that the Bill should reflect Committee amendments. He asked whether the Bill could be produced to be available for debate in the NCOP.

The Chairperson agreed and said that provinces should have the Bill the following day.

The Committee then voted on and passed the Bill.

Meeting was adjourned.

Appendix 1
National Gambling Bill
Proposed alterations to B48B-2003(Reprint)

Clause 1

1. Definition of "family member" should be revised to read as follows:

"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;

2. The following new definition should be inserted:

"spouse" means a person's -

(a) partner in a marriage;
(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;


3. The definition of "interactive game" should be altered by adding the following words at the end of the clause:


"other than a game that can be accessed for play only in licensed premises, and only if the licensee of any such premises is authorised to make such a game available for play."


4. The definition of "this Act" should be revised to substitute "schedule" for "schedules".

Clause 5
5.1 The clause should be amended to read as follows:

5.(l) An activity is a gambling game if-(a) it meets the following criteria:
(i) it is played upon payment of any consideration, with the chance that the person playing the game might become entitled to, or receive a pay-out; and
(ii) the result might be determined by the skill of the player, the element of chance, or both; or
(b) it is a bet or wager in terms of 4(1) that is placed in a casino in
relation to an activity that meets the criteria in paragraph (a).

(2) Despite subsection (1), for all purposes of this Act, none of the following activities is a gambling game:
(a) A bet or wager in terms of4(l), other than a bet or wager contemplated in subsection (1)(b).
(b) a totalisator bet in terms of section 4(2); or
(c) an amusement game.


Clause 9
6. The section should be numbered subsection (1), and paragraph (a) should be amended to read as follows:

(a) import, manufacture, supply, sell, lease, make available, possess, store or alter a gambling machine or gambling device or transport or maintain such a device except to the extent contemplated in section 23(4), unless that person is authorized to do so in terms of this Act or applicable provincial law;

7. A new subsection (20 should be added to read as follows:

(2) The Minister, by regulation made in accordance with section 87, may prescribe categories of gambling machines or gambling devices that are exempt from the application of subsection (1).

Clause 10
8. Subsection (1) should be altered by the insertion of a comma between the words "activity" and "unless" in both paragraphs (a) and (b).

Clause 13
9. The clause should be amended to read as follows:

13. A person licensed to make any gambling activity available to the public must not extend credit contrary to this Act, in the name of the licensee or a third party, to any person for the purposes of gambling. contrary to this Act.


Clause 14

10. The section should be amended to read as follows:

Excluded persons

14. (1) A person who wishes to be prevented from engaging in any gambling activity may register as an excluded person by submitting a notice to that effect in the prescribed manner and form at any time.

(2) A person who registered as an excluded person in terms of subsection (1) may submit a notice in the prescribed manner and form to cancel that registration at any time.

(3) A notice filed in terms of subsection (I) or (2) takes effect on a date determined in accordance with the regulations.

(4) A person may apply to a court of competent jurisdiction for an order requiring the registration as an excluded person of
(a) a family member of the applicant;
(1)) a person on whom the applicant is economically dependent in whole or in part;
(c) a person for whom the applicant is economically responsible in whole or in part;
((I) a person who is subject to an order of a competent court holding that person to be mentally deranged; or
(e) any other person
(i) to whom the applicant has a duty of care; and
(ii) whose behaviour manifests symptoms of addictive or compulsive gambling.

(5) T{ in the circumstances of an application in terms of subsection (4), the court
considers it reasonable and just to prevent the person concerned from engaging in any gambling activity, the court may order the registration of that person as an excluded person.


(6) An excluded person affected by an order in terms of subsection (5) may apply to the court that made the order at any time to set aside the order, and the court may do so if, after considering the grounds for making the original order and any new evidence before it, the court is satisfied that it is no longer reasonable and just to prevent that person from engaging in any gambling activity.

(7) The board must
(a) establish and maintain a national register of excluded persons in the
prescribed manner and form; and
(h) make the information in the register continuously available to-
(i) each provincial licensing authority; and
(ii) every person who is licensed to make a gambling activity
available to the public.

(8) The board may not charge a fee for registering a person as an excluded person.

(7) The Minister, by regulation made in accordance with section 87, may prescribe
(a) forms, standards and procedures for the registration of persons on, and cancellation of registrants from, the register of excluded persons,
(b) fees for services in connection with the maintenance and access to the register of excluded persons, other than the registration of excluded persons; and
(c) standards to be employed by licencees in giving effect to subsections (9) and (10).

(9) A licensee, licensed employee, or person in control of licensed premises or a
gambling machine or gambling device, must not knowingly permit an excluded person to
(a) enter or remain in a designated area within those premises; (b) operate that gambling machine or gambling device;
(c) conduct or make available a restricted gambling activity, or an
activity licensed as social gambling, within those premises; or
(d) engage in social gambling or a restricted gambling activity within those premises.

(10) A person referred to in subsection (9)
(a) must take the prescribed measures to determine accurately whether or not a person is an excluded person, before permitting that person to do anything contemplated in subsection (9)(a) to (d); and

(b) is not liable under this Act or any other civil or criminal law for
admitting an excluded person provided the licencee has taken the prescribed measures.

(11) Every licensee authorised to make a gambling activity available to the public
must
(a) make available at all of its licensed premises
(i)the prescribed form to be used by a person wishing to
register as an excluded person in terms of subsection (1); and
(ii) a directory of local recognised counselling, treatment or education services addressing the problems of compulsive and addictive gambling; and
(b) prominently post a notice advertising the availability of those materials, in the prescribed manner and form, at every entry to those premises.

Clause 15

11. Subsection (l)(c) and (d) should be deleted.

12. Subsection (2) should be amended to read as follows:

(2) Any advertisement of a gambling device, a gambling activity, or licensed premises at which gambling activities are available -

(a) must include a statement, in the prescribed manner and form, warning against the dangers of addictive and compulsive gambling; and
(b) must not include any element that directly or indirectly promotes or encourages the removal of a person from the register of excluded persons.

13. The following should be inserted as a new subsection (3):

(3) A person must not advertise or promote any gambling or related activity as being available to the public free of charge or at a discounted rate contrary to this Act, as an inducement for gambling.

14. The current subsection (3) becomes (4).

Clause 17

15. Subsection (1) should be amended to read as follows:

17. (1) No person may place or operate a cash dispensing machine contrary to this Act at any prescribed location within or near premises at which gambling activities are available to be played. contrary to this Act.

Clause 19

16. Subsection (1) should be amended to read as follows:

17(1) Every gambling machine or gambling device must be registered in accordance with this Act unless it is of a category exempted in terms of subsection (3).


17. A new subsection (3) should be added to read as follows:

(3) The Minister, by regulation made in accordance with section 87, may exempt categories of gambling machines or gambling devices from the application of any or all of the provisions of this Act.

Clauses 20 - 25

18. Section 23(4) should be amended by deleting the words "possession of" from the second line.

19. In each of the following places, insert the words "machine or" immediately before the words "device":
s20(2), in the second line
s20(2)(b)
s20(2)(c)
s21(1)(b)
s21(1)(b)(I)
s21(1)(b)(ii)
s21(1)(c)
s21(1)(c)(ii), in both occurances
s22(1), in both occurances
s22(2), in the third line
s22(3), in both occurances
s22(4), in the third line
s23(1) in the last line
s23(2), in the last line
s23(3), in the second, and also in the last line
s23(4)(b)
s23(5)(b)
s23(6)(a)
s23(6)(b)
s23(6)(c)(iii)
s23(7)(c)(ii)
s25(1)(a)
s25(2) in all three occurances

Clause 26
20. Subsection (1) should be amended to read as follows:

26. (1) Cognisant of the potentially detrimental socio-economic impact of a proliferation of limited pay-out machines, the Minister must regulate the limited pay-out machine industry in accordance with this section.

21. A new subsection (2) should be inserted to read as follows:

(2)
The Minister, by regulation made in accordance with section 87, must.

(a) establish a program for the gradual introduction of limited pay-out
machines in the Republic, in clearly defined and delineated phases;
(b) establish a mechanism for ongoing socio-economic impact assessment of he use of limited pay-out machines in the Republic;
(c) establish criteria which, on the basis of the assessments contemplated in paragraph (b), must be satisfied before the commencement of each successive phase of the program to introduce limited pay-out machines in the Republic;
(d) prescribe a limit on the number of licensed limited pay-out
machines that may be introduced in each phase
(i) within the Republic;
(ii) within any particular province; and
(iii) at any one site, and may prescribe different site maximums applicable in different circumstances;
(e) after consulting the Board, determine the circumstances in which a site may be licensed, and for that purpose, may establish different categories of sites, and different requirements with respect to each such categorv; and

7
(f) prescribe a limit on the maximum -
(i) aggregate stake permitted to commence and complete a limited pay-out gambling game;
(ii) single pay-outs allowed from a limited pay-out machine; and
(iii) aggregate pay-out in respect of each game played.

22. A new subsection (3) should be inserted to read as follows:

(3) In addition to the requirements of subsection (2), the Minister, by regulation made in accordance with section 87, may prescribe minimum standards concerning applications for licences with regard to limited pay-out gambling machines, including -
(a) standard information to be required from applicants;
(b) minimum evaluation criteria to be applied by licensing authorities;
(c) evaluation procedures to be followed by licensing authorities;
(d) compliance standards for limited pay-out machines, including the maximum number of single game cycles over a particular period of time;
(e) the methods by which a prize won on a limited pay-out machine may be paid;
(f) any essential or defining elements of a limited pay-out gambling game;
(g) the procedures that constitute the start and end of a single game on ~ limited pay-out machine;
(h) the accounting standards that must be met, and accounting records that must be kept, by route operators, site operators and independent site operators;
(i) minimum information to be provided by licensees concerning the sourcing, distribution, movements, conversions and disposal of limited pay-out machines; or
measures to limit the potentially negative socio-economic consequences of access to gambling opportunities, including public notices at licensed premises.

23. The current subsection (2), (3) and (4) become (4), (5) and (6) respectively

24. The reference in subsection (6) (a) to "subsection (l)(a)(ii)" should be changed to read "subsection (2)(d)(ii)" and the reference in subsection (6)(b) to "subsection (l)(a)(iii)" should be changed to read "subsection (2)(d)(iii)".

Clause 29
25. The reference to "this section" should be changed to read "section 28".

Clause 35

26. Subsection (2) and (3) should each be amended by inserting the word "prescribed" immediately before the word "information".

Clause 45

27. The following should be inserted as a new subsection (1), and the current subsections (1) and (2) become (2) and (3) respectively.

(I) 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.

28. In subsection (2), the reference to "section 87" should be changed to read "subsection (1)".

Clause 50
29. Subsection (1) (d), and subsection (4)(a) should both be amended by changing the words "family member" to read "family member, other than a brother or sister".

Clause 50 - 52

30. The word "any" should be substituted for the words "5% or more" in each of the following provisions:

s.50(2)
s.50(4)
s.59(3)
3 1. On page 27, the following should be deleted:

lines 51, 52, 53 and the following words of line 54:
"(3) If a person mentioned in subsection (2)".
32. Section 52(2), should be amended to read as follows:

"(2) If a person who is disqualified in terms of section 50(2) acquires a licence, 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 licensing authority after considering the circumstances and the nature of the disqualification, dispose of that licence or all their financial interest in that licensee, as the case may be.

Clause 53
33. Subsection (1) (c) should become (l)(b).

34. Subsection (I)(b) should become (1)(c), and be amended to read as follows:

(c) may impose reasonable and justifiable conditions on the licence to the extent necessary to address the matters referred to in paragraphs (a) and (b).

35. Subsection (2)(b) should be amended to read as follows:

(b) may impose further or different reasonable and justifiable conditions on the licence to the extent necessary to address the matters referred to in subsection 1)
(a) and (b).

Clause 59
36. The words "or approval of that acquisition, as the case may be." should be added immediately after "licence" at the end of subsection (1).

37. The words "or approval of an acquisition, as the case may be," should be added immediately after "licence" in line 38.

38. The words "or acquisition" should be added immediately after the word "licence" in line 40.

Clause 65
39. Subsection (1) (d)(ii) should be amended to read as follows:

(ii) habitual and obsessive addictive or compulsive gambling;
40. Subsection (2) (d) should be deleted, and subsection (2) (e) through (g) should be renumbered subsection (2)(d) through (1), respectively.

41. Section 57 (3) (d) should be altered by the addition of the following words at the end of the subsection:

"and must make information from that register available on request to any provincial licensing authority."

Clause 67
42. In subsection (3)(b), add the following words to the end of the paragraph:

"by order of a court".

Clause 84
43. The clause should be replaced by the following:

'84. Despite anything to the contrary contained in any other law, a magistrates court has jurisdiction to -
(a) impose any penalty for an offence or breach of licence condition in terms of this Act: or
(b) make an order contemplated in section 14."

Clause 87
44. In subsection (1), the following words should be added to the beginning of paragraph (g):
"matters contemplated in section 13, 15 or 17, any other matters to be prescribed in terms of this Act, and"

45. In subsection (4)(a)(ii), the "45" should be substituted for the number "90".

Clause 88
46. The section heading should be amended to read "Repeal of Laws", and the table of contents should be amended accordingly.

Schedule Item 2
47. The following sub-item should be inserted as sub-item (3):

(3) In respect of a licence contemplated in sub-item (2) -

(a) regulations made in terms of section 87( 1)(f) do not apply until the third anniversary of the date on which such regulations are promulgated; and

(b) section 46 does not apply until the third anniversary of the effective date.

48. The sub-items (3), (4), (5) and (6) become sub-items (4), (5), (6) and (7) respectively.

Schedule Item 3
49. Item 3 should be deleted, and the remaining items become items 3 through 7, respectively.

Schedule Item 7
50. The reference

(a) in paragraph (a) to "subsections (1) to (4)" should be changed to read "subsections (1) to (6)"
(b) in paragraph (a) to "section 14(5)" should be changed to read "section 14(7)"
(c) in paragraph (b) to "subsections (8) to (11)" should be changed to read "subsections (9) to (11)".

50. The following new Item 8 should be inserted at the end of the Schedule:

Regulations
51. On the effective date, and for a period of 90 days after the effective date, the Minister may make any regulation contemplated in the Act without meeting the procedural requirements set out in section 87 or elsewhere in this Act, provided the Minister has published such proposed regulations in the Gazette for comment for at least 45 days.

Appendix 2

WESTERN CAPE PROVINCIAL PARLIAMENT AMENDMENTS PROPOSED NATIONAL GAMBLING BILL
[B 48B - 2003]

CLAUSE 51

I. On page 27, in line 50, to omit "a licence, or".


2. On page 27, in line 50, after "licensee" to insert "is found to be or".


3. On page 27, in line 54, after "subsection (2)" to insert "is found to be or"


4. On page 27, in line 55, after "issued" to insert "that person


5. On page 27, in line 56, after "(a)" to delete "that person".


6. On page 27, in line 58, after "(b)" to delete "if that person


7. On page 28, in line 1, to delete "(i) holds an interest in the licensee, that person


8. On page 28, in line 4, after "disqualification" to insert".".


9. On page 28, in line 4, to delete"; or".


10. On page 28, in lines 5-7, to delete "(ii) is a manager of the business concerned, the licensing authority may impose reasonable conditions on the continuation of the licence with the object of ensuring continuing compliance with the principles of this Act.".

CLAUSE 52

1. On page 28, in line 10, after "If", to delete"-"


2. On page 28, in line 11, to delete "(a)".


3. On page 28, in line 11, after "section 50(2)", to omit "acquires" and to substitute:

"has acquired a financial interest in".

4. On page 28, in lines 11 12, to omit "or 5% or more of the total financial

interest in a licensee, or".
5. On page 28, in lines 13-15, to omit "(b) the financial interest held by a

person who is disqualified in terms of section 50(2) comes to represent 5% or more of the total financial interest in a licensee,".


6. On page 28, in line 18, after "their financial interest", to omit "that exceeds

4,999% of the total financial interest" and to substitute:
"in such licence".

CLAUSE 59

Clause rejected.


PARLIAMENT PROVINCE OF KWAZULU-NATAL
The Province supports the Bill subject to the following amendments:
[A] Clause 1:
1. To amend the definition of "family member" to read as follows:
"family member" means a person's-
(a) spouse; or
(b) child, parent, brother, sister, whether such a relationship results from birth, marriage or adoption

2. To insert the following definition
"spouse" means a person's-
partner in marriage;
partner in customary union according to indigenous law; or
partner in a relationship in which the parries live together in a manner resembling a marital partnership or customary union;
3. The Committee expresses concern over the definition of "route operator" specifically the reference to section 18 and suggests that this definition be reconsidered.

[B] Clause 9
To amend clause 9(a) of the Bill by the substitution thereof for the following:
import, manufacture, supply, sell, lease, make available, possess, store or alter gambling device, or transport or maintain such a device except to the extent contemplated in section 23(4), unless that person is authorised to do so in terms of this act or applicable law;
[C] Clause 13
To amend clause 13 of the Bill by the substitution thereof of the following"
A person is licensed to make any gambling activity available to the public must not extend credit contrary to this Act, in the name of a licensee or a third party, to any person for the purposes of gambling.

[D] Clause 14(1)(b)
To amend this clause by the substitution thereof for the following:
14(1)(b) apply at any time to cancel a registration in terms of this subsection by filing a notice in the prescribed manner and form with the Board;

[E] Clause 14(9)(b)
To amend this clause by the substitution thereof of the following:
"is not liable under this act or any other civil or criminal law for admitting an excluded person provided the licensee has taken the prescribed measures."

[F] Clause 15
To amend Clause 15(1) by the deletion of the sub-clauses (c) and (d)
To insert the following as a new subsection (2): "A person must not offer any gambling related activity free of charge or at a discounted rate contrary to this Act, as an inducement for gambling"
The current subsections (2) and (3) become (3) and (4) respectively.
To insert the following as a new subsection (4):
"Any advertisement of:
licensed premises at which gambling activities are available;
a gambling activity; or
a gambling device

must include a statement, in the prescribed manner and form, warning against the dangers of addictive or compulsive gambling."

[G] Clause 17(1)
To amend this clause by the substitution of:
"no person may place or operate a cash dispensing machine contrary to this Act at any point which is visible from any entrance to the location at which gambling activities are available to be played."

[H] Clause 23(4)
To amend by substituting "possession" in line 26 with "control".

[I] Clause 26(1)(a)
To amend by the deletion of the words "that may be introduced in clearly defined phases" after the word "machine" in line 46 and the deletion of sub-clause 26(1)(a)(iii).
The Committee expressed the concern that sub-clauses 26(1)(b) to (d)(ix) is an attempt to deal with matters that form part of the provincial competency.

[J] Clause 27
The Committee requests that this clause be reconsidered in view of the recent court ruling in respect of the above matter.

[K] Clause 30(2)(a)
The Committee requests that this clause be reconsidered in view of the recent court ruling in respect of the above matter.

[L] Clause 45
To insert the following as a new sub-section (1), and the current sub-sections (1) and (2) become (2) and (3) respectively:
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 licenses that may be granted in the Republic, and in each province.
to amend the new sub-section (2), [previous sub-section (1) by the substitution of the words "section 87" for the words sub-section (1)".

[M] Clause 53
To amend clause 53(1) as follows:
Sub-section (1)(c) should become (1)(b)
Sub-section (1)(b) should become (1)(c), and be amended to read as follows:
(d) may impose reasonable and justifiable conditions on the license to the extent necessary to address the matters referred to in sub-section (1)(a) and (b).

[N] Clause 65
1. to amend clause 65(1)(d)(ii) by the deletion of the words "habitual and obsessive" on line 51 and the substitution thereof of the words "addictive or compulsive".
2. to amend clause 65(2)(d) by the deletion of the words "habitual and obsessive" on line 51 and the substitution thereof of the words "addictive or compulsive".

[O] Clause 87
1. To amend clause 87(1)(b) by the insertion of the words "in consultation with the relevant MEC's of each province" after the word "province" in line 45.
2. To amend clause 87(4)(a)(ii) by the deletion of the words "90 days" and the substitution thereof for "45 days".

[P] Clause 88
To amend the title of Clause 88 by the deletion of the words "and transitional arrangements"

[Q] Schedule Item 2
1. To amend Item 2 by the insertion of the following as a new sub-item 3:

(3) In respect of a license contemplated in sub-item (2)-
(a) regulations made in terms of section 87(1)(f) do not apply until the first anniversary of the date on which such regulations are promulgated; and
(b) section 46 does not apply until the third anniversary of the effective date.
2. The sub-items (3), (4) and (5) and (6) become sub-items (4), (5), (6) and (7) respectively.

[R] Schedule Item 3
To delete item 3 and the remaining items become items 3 through 7 respectively.

The delegation is further mandated to consider any additional amendments, providing that:
1. such amendment/s does/do not alter the essential elements of the Bill; and
2. consensus is reached on such proposed amendment/s by the KwaZulu-Natal delegates attending the Select Committee finalising the Bill and/or the plenary session of the NCOP voting on the Bill.


NORTHERN CAPE PROVINCIAL LEGISLATURE
FINAL MANDATE ON THE NATIONAL GAMBLING BILL
The House calls on the Permanent Delegates to the National Council of Provinces to participate in the deliberations on the Bill and to vote for the Bill.

MPUMALANGA PROVINCIAL LEGISLATURE
FINAL MANDATE
The Permanent Delegates representing the province of Mpumalanga in the National Council of Provinces are conferred with the authority and mandated to vote in favour of the Bill.

FREE STATE LEGISLATURE
PORTFOLIO COMMITTEE ON TOURISM, ENVIRONMENTAL AFFAIRS AND ECONOMICS
The Committee recommends that authority be conferred to the Free State delegation to vote for the adoption of the Bill as amended by the Select Committee.

LIMPOPO LEGISLATURE
REPORT OF THE PROTFOLIO COMMITTEE ON FINANCE AND ECONOMIC DEVELOPMENT ON NATIONAL GAMBLING BILL
Recommendations
The Committee made the following recommendations:
- ATM's should be removed from casinos or any other gambling institution;
- the provincial gambling board should have at least one representative in the National Gambling Policy Council.

The Committee recommends that final mandate be conferred to our NCOP Permanent Delegates to vote in favour of the Bill with the above-mentioned recommendations. In conclusion Honourable Speaker, I hereby move that this report be adopted as the report of this Honourable House.

EASTERN CAPE
FINAL MANDATE ON THE NATIONAL GAMBLING BILL [B48B-2003]
The Committee resolved that:
1. Due to the lack of feedback on the input made by provinces at the inter-provincial negotiations held on 18 November 2003, the Eastern Cape Province could not arrive at a final mandate on Bill [B48B-2003 (Reprint)]
2. The Permanent Delegate, Ms B Dlulane be designated as delegate of the Province to attend the inter-provincial meeting on Monday 24 November 2003.