LOTTERIES ACT AMENDMENT
Private
Member’s Bill
Submitted
in terms of Section 73 (2)
Read
with Section 76 (1) of the Constitution
MEMORANDUM
Notice is hereby given of the
introduction of a Private Members’ Bill in terms of Section 73(2) read with
Section 76(1) of the Constitution. In terms of rule 234 (read with rule 230(1)),
a member must submit to the Speaker a memorandum which:
(a)
sets out particulars of the proposed legislation
(b)
explains the objects of the proposed legislation; and
(c)
states whether the proposed legislation will have financial
implications for the State and, if so, whether those implications may be a
determining factor when the proposed legislation is considered.
The Honourable Speaker is requested
to deal with this Bill in terms of Section 235 of the National Assembly Rules.
The
following amendments to the Lotteries
Act (Act 57 of 1997), as amended by act 10 of 2000
[hereinafter referred to as “the Act”] are proposed:
AMENDMENTS TO the ACT
1.
That section 28 under Chapter 3 be amended by:
1.1
the
substitution for subsection (1) of the following subsection:
(1) So much
of any sum paid into the fund as is allocated for expenditure referred to in
section 26(3)(b), shall be held in the fund for distribution by the
distributing agency constituted by the Minister—
(a) for a
period of 5 years, commencing not later than one day subsequent to the expiration
date of the operating term of the preceding distribution agency constituted
under subsection (1); and,
(b)
consisting of a minimum of six members and a maximum of ten members who—
(i) possess
the required skills and expertise to distribute the allocated sum fairly and
equitably amongst all persons who meet the prescribed requirements; and,
(ii) has
been appointed by the Minister in consultation with the Minister responsible
for welfare and population development in the national sphere of government
from a list of candidates generated by public nominations called for not less
than one year before the expiration date of the operating term of the incumbent
distribution agency as referred to in subsection (1)(a).
1.2 the
insertion after subsection (5) of the following subsection:
(6) Where
the distribution agency constituted in terms of subsection (1) has ceased to
function, whether as a result of the operating term having elapsed in terms of
subsection (1)(a) or by Ministerial determination in terms of subsection (3) or
as a result of any unforeseen causes, then the responsibility for the payment
of grants already allocated by the distribution agency should be allocated to
either one or distributed amongst more than one of the remaining distribution
agencies appointed in terms of subsections 29(1), 30(1) and 31(2).
2.
That section 29 under Chapter 3 be amended by:
2.1
the substitution for subsection (1) of the
following subsection:
(1) So much
of any sum paid into the fund as is allocated for expenditure referred to in
section 26(3)(c), shall be held in the fund for distribution by the
distributing agency
constituted by the Minister—
(a) for a
period of 5 years, commencing not later than one day subsequent to the expiration
date of the operating term of the preceding distribution agency constituted
under subsection (1); and,
(b)
consisting of a minimum of six members and a maximum of ten members who—
(i) possess
the required skills and expertise to distribute the allocated sum fairly and
equitably amongst all persons who meet the prescribed requirements; and,
(ii) has
been appointed by the Minister in consultation with the Minister responsible
for sport and recreation in the national sphere of government from a list of
candidates generated by public nominations called for not less than one year
before the expiration date of the operating term of the incumbent distribution
agency as referred to in subsection (1)(a).
2.2 the insertion after subsection (5) of the
following subsection:
(6) Where
the distribution agency constituted in terms of subsection (1) has ceased to
function, whether as a result of the operating term having elapsed in terms of
subsection (1)(a) or by Ministerial determination in terms of subsection (3) or
as a result of any unforeseen causes, then the responsibility for the payment
of grants already allocated by the distribution agency should be allocated to
either one or distributed amongst more than one of the remaining distribution
agencies appointed in terms of subsections 28(1), 30(1) and 31(2).
3.
That section 30 under Chapter 3 be amended by:
3.1
the substitution for subsection (1) of the
following subsection:
(1) So much
of any sum paid into the fund as is allocated for expenditure referred
to in section 26(3)(d), shall be
held in the fund for distribution by the distributing agency constituted by the
Minister—
(a) for a
period of 5 years, commencing not later than one day subsequent to the expiration
date of the operating term of the preceding distribution agency constituted
under subsection (1); and,
(b)
consisting of a minimum of six members and a maximum of ten members who—
(i) possess
the required skills and expertise to distribute the allocated sum fairly and
equitably amongst all persons who meet the prescribed requirements; and,
(ii) has
been appointed by the Minister in consultation with the Minister responsible
for arts and culture in the national sphere of government from a list of
candidates generated by public nominations called for not less than one year
before the expiration date of the operating term of the incumbent distribution
agency as referred to in subsection (1)(a).
3.2 the
insertion after subsection (5) of the following subsection:
(6) Where
the distribution agency constituted in terms of subsection (1) has ceased to
function, whether as a result of the operating term having elapsed in terms of
subsection (1)(a) or by Ministerial determination in terms of subsection (3) or
as a result of any unforeseen causes, then the responsibility for the payment
of grants already allocated by the distribution agency should be allocated to
either one or distributed amongst more than one of the remaining distribution
agencies appointed in terms of subsections 28(1), 29(1) and 31(2).
4.
That section 31 under Chapter 3 be amended by:
4.1
the substitution for subsection (2) of the
following subsection:
(2) The
Minister may in consultation with the Minister of Finance and after
consultation with the board constitute
such distribution agency or agencies as may be necessary—
(a) for a
period not exceeding 5 years;
(b)
consisting of a minimum of four members and a maximum of ten members who—
(i) possess
the required skills and expertise to distribute the allocated sum fairly and
equitably amongst all persons who meet the prescribed requirements; and,
(ii) has been
appointed by the Minister from a list of candidates generated by public
nominations called for not more than one year before the operating term of the
proposed distribution agency, as determined in accordance with subsection
(1)(a), is set to commence.
4.2 the insertion after subsection (6) of the
following subsection:
(7) Where
the distribution agency constituted in terms of subsection (1) has ceased to
function, whether as a result of the operating term having elapsed in terms of
subsection (1)(a) or by Ministerial determination in terms of subsection (3) or
as a result of any unforeseen causes, then the responsibility for the payment
of grants already allocated by the distribution agency should by allocated to
either one or distributed amongst more than one of the remaining distribution
agencies appointed in terms of subsections 28(1), 29(1) and 30(1).
5. That section 32 under Chapter 3 be amended by:
5.1
the insertion in subsection (4), after subparagraph
(b)(ii), of the following subparagraph:
(iii) the
provisions contained in subsection 5
5.2
the insertion in subsection (4), after subparagraph
(b)(ii), of the following subsection:
(5) Grants
allocated by distribution agencies constituted—
(a) in
terms of subsections 28(1), 29(1) and 30(1)—
(i) if
approved, shall be paid over to the juristic person to whom the grant was
allocated within a period of time not exceeding 60 days from when any such
juristic person was notified of the allocation by the board; and,
(ii) if not
approved, shall be finalised by notifying the juristic person to whom the grant
was allocated within a period of time not exceeding 60 days from when any such
juristic person was notified of the allocation by the board.
(b) in
terms of subsections 31(2)—
(i) if
approved, shall be paid over to the juristic person to whom the grant was
allocated within a reasonable period of time as determined by the Minister, taking
into account the nature and the purpose of the allocation; and,
(ii) if not approved, shall be finalised by
notifying the juristic person to whom the grant was allocated within a
reasonable period of time as determined by the Minister, taking into account
the nature and the purpose of the allocation.
The proposed legislation is intended to address the
shortcomings of the Act by promoting the following:
1.
Continuity of the
functions of the distribution agencies:
The bill seeks to promote the
continuity of the functions of the distribution agencies constituted under
sections 28, 29 and 31 by introducing the following clear statutory references:
● a reference to an operating term of five years for the
agencies in respect of each of these sections;
● a reference to the day on which the distribution agencies
should appointed, namely one day subsequent to the expiration of the operating
terms of the preceding distribution agencies; and,
● a reference to the minimum period of time that should be
allowed for the process of constituting the distribution agencies by stating
that calls for the public nominations of distribution agency appointees should
be issued not less than one year prior to the expiration date of the operating
terms of these distribution agencies
2.
Improved flexibility and
capacity of distribution agencies:
The bill seeks to promote the
improved flexibility of the distribution agencies as follows:
● for the distribution agencies constituted
under sections 28, 29 and 30 by providing for six to ten members; and,
● for the distribution agencies constituted
under sections 31 by providing for four to ten members.
3.
Greater certainty in the
processing periods of grant allocations:
The bill seeks to promote the
greater certainty in the processing periods for grants allocated by:
● with respect to the distribution agencies
constituted under sections 28, 29 and 30, imposing a two month limit on the
period from when a beneficiary (“juristic person”) has been notified of an
allocation having been made in its favour to when the funds are paid over,
should the allocation have been approved;
● with respect to the distribution agencies
constituted under section 31, providing for the period from when a beneficiary
(“juristic person”) has been notified of an allocation having been made in its
favour to when the funds are paid over to not exceed a predetermined reasonable
period; and,
● by providing that the Minister should take
due account of the provisions with respect to time limits on the processing of
grant allocations when intervening in the making of such allocations.
The
Legislation will have no financial implications above what is required by the
Act.
Signature:……………………………………………………………..
Date:
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