20 August 2007
WRITTEN SUBMISSION
NATIONAL ASSEMBLY OF PARLIAMENT
TRADE AND INDUSTRY PORTFOLIO
COMMITTEE
HEARINGS ON THE
NATIONAL GAMBLING AMENDMENT BILL
2007
SUBMISSION
PRESENTED BY
JUSTICE
(Kindly Note that JASA
would like to make an ORAL submission to the Committee)
Justice
Bergvliet
Honorary
Director: John Smyth,QC
SUBMISSION
A. JASA is a coalition
of churches and individuals committed to upholding Judeo-Christian values in
South African society. As such we share the fears and concerns of so many of
the Portfolio Committee members as evidenced in the Minutes of 8 August. JASA
is strongly opposed to legalizing and thus condoning and encouraging another
form of gambling in our society which will rapidly increase as more people have
access to home computers online. Our major concerns may be summarised as
follows:
(a) In
reality it will be impossible to ensure children do not gamble in this manner particularly as
credit cards become more widely used by parents. The real danger is that
children will have their appetites whetted to what can so easily become an
addiction.
(b) We
share the view that gambling is a moral issue and has been seen to destroy
lives.
(c) We
agree with the Report of the Royal College of Psychiatrists in
(d) Online
gambling will develop into a social evil which is available 24 hours a day, 7
days a week.
B. The
They went on to call “on ministers to give
overriding attention to producing tougher regulations on the burgeoning online
gambling industry.” The newspaper reported that a recent survey showed that 8.4
per cent of people have gambled online in the past month, up from 7.4 per cent
last year.
C. JASA
is also concerned about reports that the Provincial Parliaments are already
arranging public hearings on the Bill although it has not yet been passed by
the National Assembly. This would
contravene section 76(1) of the Constitution. The processes demanded by the
Constitution require each House of Parliament to complete its deliberations and
redraft the Bill accordingly before referring it on to the next stage. Failure
to comply with the proper constitutional procedure would make a nonsense of the
processes because the NCOP and Provinces would not be able to consider any
changes in the Bill introduced by the National Assembly as a result of the
recommendations of this Portfolio Committee.
Furthermore Parliament would be in breach
of its obligations under sections 59(1)(a), 72(1)(a) and 118(1)(a) of the
Constitution in that the public would not be provided with a “meaningful
opportunity” (as defined by the Constitutional Court in Doctors for Life vs
Parliament (judgement delivered 7 August 2006) to provide their input at
each stage of the legislative process. The writer of this submission was the
initiator and architect of the Doctors for Life case and will amplify this
submission if appropriate at the Public hearing.
John
J Smyth QC
Honorary
Director of JASA
8 August
2007
BOARD OF JASA
Pastor Tim Makamu (chairman) Pastor Stephen van Rhyn (Vice-Chairman)
Pastor Tendai Musikavanu Roger Gifford
Pastor Nigel Desmond John Smyth