NORTH WEST PROVINCIAL GOVERNMENT

Presentation to the Portfolio Parliamentary Committee on the National Gambling Amendment Bill.

The North West Provincial Government, through this presentation, wishes to lend its support to the proposed amendment to the National Gambling Act, as embodied in the National Gambling Amendment Bill, 1999.

If one has regard to the aims and purpose of the Gambling Matters Amendment Act, 1999 (Act 36 of 1999), it is abundantly clear that the ratio behind that Act was to include, on as wide a range as possible any form of financial interest in gambling activities the State, an organ of the State, or an organisation with which the Stare is concerned in all spheres of government, may hold.

It is furthermore a well established fact that if the above ratio is borne in mind, the aim of that amendment was to also accommodate the relationship between the North West Provincial Government and the North West Development Corporation (Pty) Ltd and therefore, the consequential financial interest the Province has in gambling activities. As such, the merits and de-merits of that amendment and the aims thereof, was already the subject of much debate, and eventually lead to the passing of the 1999 Gambling Matters Amendment Act during April 1999.

It is the view of the Province that the debate surrounding the desirability of the amendment at hand, should go no further as to view it from a purely legal-technical point of view, as its main purpose is to remove a vagueness and potential uncertainty in so far as the Gambling Matters Amendment Act is concerned, as it appears that the question as to whether it in fact did bring the North West Development Corporation (Pty) Ltd within its ambit, is one which, given the current wording of the Act, may lead to a difference of opinion.

There is, the Province wishes to submit, no doubt therefore, that if that Act, due to inelegance, vagueness or a similar default, does not clearly and unambiguously embodies the ratio behind it, such Act need to be amended to remove all doubt.

This, we believe, is the reason why the amendment is indeed necessary, and as such do we believe that the question pertaining to the relationship between the Province and the NWDC, is merely co-incidental.

It is furthermore submitted that the aim of the Gambling Matters Amendment Act, 1999, was inter alia, to ensure that the North West Province does not suffer irreparable harm through a forced sale of its shares in the NWDC (Pty) Ltd thus disturbing the economic balance of the Province and thus ultimately the Republic. This was not an aim unique to this Province, as the amendment also aimed to on that basis protect the economics of another Province, viz the Eastern Cape. Should the amendment Bill not be passed it would create the untenable and discriminatory situation that of the Provinces initially affected, only the North West remain behind with dire financial consequences. It is therefore submitted that, given The Constitutional principle that the National Government has a duty to ensure that no such economic imbalance is being created, it has indeed a duty to ensure that the North West Provincial Government is not any worse off, compared to the Eastern Cape.

If one has regard to the current processes of casino licence applications and the consideration thereof by various Provinces, is it so that the above uncertainty has lead to time consuming and costly litigation in an attempt to disqualify certain bidders, due to the uncertainty surrounding section 13(k) as it currently reads. It is therefore imperative, in order to ensure that those processes proceed in an orderly, well regulated and smooth manner, that the doubt be removed by the clear provisions of the Amendment Bill. On the other hand, should the legislature not be used as a vehicle by competitors in the industry to eliminate otherwise suitable candidates by way of frustrating the legislative process such as the one at hand.

It is trusted that the above will confirm this Province's support of the Bill.