NATIONAL GAMBLING AMENDMENT ACT
NO. 39 OF 1999

[ASSENTED TO 30 SEPTEMBER 1999]
[DATE OF COMMENCEMENT TO BE PROCLAIMED]
[Unless otherwise indicated]

(English text signed by the President)

ACT

To amend the National Gambling Act, 1996, so as to provide anew for the disposal of the financial interest of certain entities in gambling activities; to provide for any legal disability of certain entities to be disregarded under certain circumstances; and to provide for the retrospective operation of those provisions; and to provide for matters connected therewith.

Amendment of section 13 of Act 33 of 1996, as amended by section 1 of Act 36 of 1999

1. (1) Section 13 of the National Gambling Act, 1996, is hereby amended—

  1. by the substitution for subparagraph (ii) of paragraph (f) of subsection (1) of the following subparagraph:

"(ii) in the case of the North West Development Corporation (Pty) Limited, the Transkei Development Corporation Limited and Ciskei Peoples Development Bank Limited or any company or corporation into which any of those entities may have been converted or any organ of State or organisation with which the State is concerned to which those entities have transferred an interest in gambling activity, from a date determined by the Minister by notice in the Gazette; or"; and

  1. by the substitution for paragraph (fA) of subsection (1) of the following paragraph:

"(fA) a provincial licensing authority shall, notwithstanding paragraph (f), disregard—

  1. any financial interest in any gambling activity held by the State, an organ of State or any organisation with which the State is concerned, including any entity contemplated in paragraph (f)(ii);
  2. any legal disability such as provisional judicial management, judicial management or any form of winding-up as provided for in the Companies Act, 1973 (Act No.61 of 1973), or in any other law, of any entity contemplated in subparagraph (i),
    when considering an application for a licence contemplated in paragraph (j) before the date contemplated in paragraph (f)(i), (ii) or (iii), as the case may be;".

(2) Subsection (1) shall be deemed to have been enacted and to have come into operation on 18 April 1997, and all licensing procedures followed, including the consideration of applications for casino licences and conclusions reached regarding the

qualifying status of any applicant for a casino licence, which would have been valid if subsection (1) had been enacted and in operation on that date, are, to the extent necessary, hereby validated.

Short title

2. This Act is called the National Gambling Amendment Act, 1999.