PROVINCE OF KWAZULU-NATAL PARLIAMENT: FINAL MANDATE ON NATIONAL GAMBLING BILL
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.