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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