Lotteries Act, 2017
Act 13 of 2017
- Published in Government Gazette no. 6500 on 29 December 2017
- Assented to on 23 December 2017
- Commenced on 1 December 2021 by Government Notice of 2021
- [This is the version of this document from 29 December 2017 and includes any amendments published up to 6 October 2022.]
Part 1 – INTRODUCTORY PROVISIONS
1. DefinitionsIn this Act, unless the context otherwise indicates -“benevolent lottery” means a lottery contemplated in section 56;“benevolent society”, includes a friendly society as defined in section 1 of the Friendly Societies Act, 1956 (Act No. 25 of 1956), a welfare organisation as defined in section 1 of the National Welfare Act, 1965 (Act No. 79 of 1965) and any other club, institution, organisation or association of persons, and any separate branch or section of such a club, institution, organisation or association established for charitable purposes;“Board” means the Lotteries Board established by section 3;“charitable expenditure” means expenditure by any organisation or institution established for charitable, benevolent or philanthropic purposes, including friendly societies, welfare organisations and conduit organisations or trusts established in respect of any such organisation or institution;“Chief Executive Officer” means the Chief Executive Officer of the Board appointed in terms of section 16;“draw” means a random determination of a combination of numbers to select the winning participants;“electronic software lottery” means a lottery through which participants electronically purchase tickets to stand a chance to win prizes which are predetermined in their sum total or otherwise determinable, and guaranteed by the licensee;“inspector” means a lottery inspector appointed in terms of section 19(1);“licence” means a licence to conduct the State Lottery, or sports pool as contemplated in section 30(2), or a licence as contemplated in section 78(1)(b);“licensee” means a holder of the licence for the State Lottery issued in terms of section 33 or a licensee as contemplated in section 78;“lottery”, includes any game, such as computer game, scheme, arrangement, system, plan, promotional competition or device for distributing prizes by lot or chance whether operated by manual, mechanical, electronic or other means or not;[The comma after the word “lottery” is superfluous. The article “a” should precede “computer game”.]“lottery manager” means a person who has been certified as such in terms of section 66(3) and is authorised to conduct a lottery on behalf of another person;“Minister” means the Minister responsible for lotteries;“Ministry” means the Ministry administering lotteries;“minor” means a person who has not attained the age of 21;“State Lottery” means the State Lottery referred to in section 26 and includes a sports pool and all lotteries conducted for, and being part of, the State Lottery;“National Welfare Act” means the National Welfare Act, 1965 (Act No. 79 of 1965);“participant”, in relation to a lottery other than a promotional competition contemplated in section 72, means a person who is in possession of a valid ticket in that lottery;“Permanent Secretary” means the Permanent Secretary of the Ministry;“political office bearer” means -(a)a member of Parliament;(b)a member of a regional council;(c)a member of a local authority council;(d)a diplomatic representative of Namibia who is not a staff member;(e)any person holding public office by virtue of a political appointment in terms of the Namibian Constitution or any other law but excludes a judicial officer or a staff member; and(f)a leader of a registered political party;“prescribe” means prescribe by regulation;“private lottery” means a lottery in Namibia which is conducted in accordance with section 55;“prize”, in relation to a lottery, means any money, thing of value or any right to or share in any money or thing of value, which is offered to be won by persons entering the lottery;“promoter” means a person who directly or indirectly promotes, sponsors, organises or conducts a benevolent lottery, promotional competition or sports pool, or for whose benefit such a lottery, competition or sports pool is promoted, sponsored, organised or conducted;“promotional competition” means any competition, game, scheme, arrangement, system, plan or device for distributing prizes by lot or chance, if -(a)it is conducted in the ordinary course of business for the purpose of promoting a producer, distributor, supplier, or association of any such persons, or the sale of any goods or services; and(b)any prize offered exceeds the threshold prescribed in terms of section 72(4)(b)(iv),irrespective of whether a participant is required to demonstrate any skill or ability before being awarded a prize;“Public Enterprises Governance Act” means the Public Enterprises Governance Act, 2006 (Act No. 2 of 2006);“software” means a set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result;“sporting event” means any football, rugby, cricket, golf or tennis match, any boxing, wrestling, shooting or swimming contest, any foot, cycle, motor, boat or horse race, and any other lawful sporting contest, competition, tournament or game usually attended by the public;“sports pool” means any scheme, excluding a scheme or competition in respect of horse racing which is authorised by the Board, or which is conducted in the same format and manner and under the same circumstances as a scheme or competition in respect of horse racing that existed prior to the commencement of this Act, under which -(a)any person is invited or undertakes to forecast the result of any series or combination of sporting events in competition with other participants; and(b)a prize is to be awarded to the competitor who forecasts the result correctly or whose forecast is more nearly correct than the forecasts of other competitors, or a number of prizes are to be awarded on that basis,and for the purposes of this definition the forecast of a result includes not only the forecast of the person, animal, thing or team that will be victorious or otherwise, but also any forecast relating to the system of scoring employed in the sporting event in question, or to the person who is responsible for the score;“staff member” means a staff member as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995);“subscription” means the payment, or delivery of any money, goods, article, matter or thing, including any ticket, coupon or entry form, for the right to compete in a lottery;“this Act,” includes regulations made under this Act;[The comma after the term “this Act” is superfluous.]“ticket”, in relation to a lottery or sports pool, means any symbol, sign, token, coupon, warrant, card, printed paper, document or list or any other means or device which confers or purports to confer the right to take part in a lottery or sports pool and which is issued by or on behalf of the lottery or sports pool in question; and“Trust Fund” means the State Lottery Trust Fund established by section 41.
2. Application of ActThe Casinos and Gambling Houses Act, 1994 (Act No. 34 of 1994) does not apply in relation to the State Lottery or any benevolent lottery or other lottery or activity authorised in terms of this Act or any connected activity.[The Casinos and Gambling Houses Act is Act 32 of 1994, not Act 34 of 1994.]
Part 2 – LOTTERIES BOARD
3. Establishment of Lotteries BoardThere is established a board to be known as the Lotteries Board which is a juristic person.
4. Powers and functions of Board
5. Minister may issue policy guidelines to Board
6. Constitution of Board
7. Disqualification for appointment as member of Board
8. Term of office
9. Vacation of office and filling of vacancies
10. Conduct of members and disclosure of interest
11. Governance agreement with Board
12. Performance agreements with individual Board members
13. Meetings and decisions of Board
14. Committees of Board
15. Allowances of members of Board
16. Chief Executive Officer
17. Staff of Board, transfer and secondment of staff
18. Performance agreements with senior management staffThe Board, the Chief Executive Officer and such senior management staff of the Board as the Board may determine, must, within such time as may be determined by the Board, enter into the performance agreement contemplated in section 21 of the Public Enterprises Governance Act.
20. Powers and functions of inspectors
21. Funds of Board
22. Accountability, financial year, audit and annual report
23. Transfer of assets and liabilities
25. Co-operation with other agencies and organisations
Part 3 – STATE LOTTERY
26. Purpose of State LotteryThe State Lottery is conducted in terms of this Act for the benefit of one or more of the purposes specified in section 44.
27. Conduct of State LotteryThe Board may conduct the State Lottery either on its own or through a licensee as contemplated in section 30.
28. Powers of Board in relation to State Lottery
29. Payment of proceeds from State Lottery to Trust Fund
Part 4 – LICENCE TO CONDUCT STATE LOTTERY
30. Licence to conduct State Lottery
31. Procedure to obtain licence
32. Consideration of application by Board
33. Consideration and grant of application by Minister
34. DisqualificationsA person is not qualified to be granted a licence in terms of section 33 or to remain a licensee if such person or, in the case of a body corporate, partnership or other association of persons, any director, partner or member -
35. Conditions of licence
36. Licensee to make payments to Trust FundIn respect of each lottery conducted for the State Lottery under a licence, the licensee must, not later than seven days from the last date on which tickets were sold for the lottery or such extended time as the Board may determine -
37. Variation of conditions
38. Grounds for cancellation of licenceThe Minister may cancel the licence granted under section 33 on his or her own initiative or on the recommendation of the Board if -
39. Procedure for cancellation of licence
40. Cancellation of licence
Part 5 – STATE LOTTERY TRUST FUND AND DISTRIBUTION OF PROCEEDS FROM STATE LOTTERY
41. State Lottery Trust Fund
42. Funds of Trust Fund
43. Accounting, audit and reports
44. Allocation of money from Trust Fund
45. Applications for grants
46. Recommendation for distribution of funds by committee
47. Approval of grants by Board
48. Payment of grantsIf the Board grants an application as contemplated in section 47(1)(a)(ii), the Board must, subject to section 50 and to any directions given by the Minister in terms of section 47(1)(b), pay, in the prescribed manner, the grant to the successful applicant.
49. Disqualification for grants
50. Grant agreementsThe person to whom a grant is to be paid from the Trust Fund as approved by the Board must, prior to the payment of the grant as contemplated in section 48, enter into a grant agreement providing, among other things, for the grant to be repaid immediately on breach of any condition of the agreement by the person.
51. Reports by persons to whom grant is paid
52. Disclosure of information
53. Allocation to expenses of Board
Part 6 – EXEMPT ENTERTAINMENT LOTTERIES AND PRIVATE LOTTERIES
54. Exempt entertainment lotteries
55. Private lotteries
Part 7 – BENEVOLENT LOTTERIES
56. Benevolent lotteriesA benevolent lottery is lawful if -
57. Authorisation to conduct benevolent lottery
58. Conditions for conduct of benevolent lottery
59. Frequency of benevolent lotteries
60. Registration of benevolent societies
61. Cancellation of registrationThe Board -
62. Obligations of registered benevolent societies
63. Audit of benevolent lotteries
64. Rules of benevolent lotteries
Part 8 – LOTTERY MANAGERS
65. Lottery managersThe Board, a licensee, a benevolent society or any other person authorised to conduct a lottery in terms of this Act may engage the services of a lottery manager who holds a certificate as lottery manager issued under section 66 to conduct the lottery on its or his or her behalf.
66. Certification of lottery managers
67. Conditions of certificateSubject to section 68, a certificate referred to in section 66 must, contain conditions aimed at -[The comma after the word “must” is superfluous.]
68. Variation of conditions of certificate
69. Period of validity of certificate
70. Cancellation of certificate
71. Control of lottery managers and auditSections 62(2)(c) and (d), (3) to (5) and 63, subject to the necessary changes, apply to lottery managers and in such application a reference in those sections to a benevolent society is construed as a reference to a lottery manager.
Part 9 – PROMOTIONAL COMPETITIONS
72. Promotional competitions
Part 10 – OFFENCES IN RELATION TO LOTTERIES
73. Prohibition on unlawful lotteries and competitions
74. General offences
75. Offences relating to State Lottery and sports pools
76. Offences relating to minors
77. ForfeitureA court convicting a person for an offence referred to in this Act may declare any money, document or thing used in or in connection with the commission of the offence to be forfeited to the State.
Part 11 – GENERAL PROVISIONS
78. Suspension of lottery licence and applications and issuing of electronic software lottery licence
79. Limitation of liabilityThe Minister, Board, a member of the Board, the Chief Executive Officer, an employee of the Board or any person performing functions in terms of this Act is not personally liable for any act or omission done in good faith by the Minister, Board, member of the Board, Chief Executive Officer, employee or any person in the exercise or performance or purported exercise or performance of any power or function under or in terms of this Act, unless such act or omission is due to -
80. Exclusion of liability in certain casesThe settlement, in good faith, of any prize in the State Lottery, to whomever made, discharges the Government, the Minister, the Board and, where applicable, a licensee or any other person by whom the settlement was made, from liability in respect of such settlement.
81. DelegationThe Minister may delegate to the Permanent Secretary or any other staff member of the Ministry any power conferred upon the Minister by this Act, except the powers conferred by sections 5, 6, 15, 16 and 66 or any power conferred by this Act to make rules or regulations.
82. Lottery debts enforceableA lottery debt lawfully incurred by a person in the course of any lottery or sports pool authorised in terms of this Act is, despite any law to the contrary, enforceable in a court of law.
84. LiquidationThe Board may not be placed into liquidation, except by or under the authority of an Act of Parliament.
86. Repeal of lawsThe Lotteries Act, 2002 (Act No. 15 of 2002) is repealed.
87. Short title and commencement
History of this document
01 December 2021
29 December 2017 this version
Published in Government Gazette number 6500
23 December 2017
Cited documents 13
- Anti-Corruption Act, 2003
- Close Corporations Act, 1988
- Companies Act, 2004
- Competition Act, 2003
- Criminal Procedure Act, 1977
- Friendly Societies Act, 1956
- Lotteries Act, 2002
- National Welfare Act, 1965
- Public Accountants’ and Auditors’ Act, 1951
- Public Enterprises Governance Act, 2006
- Public Service Act, 1995
- Social Security Act, 1994
- Trade Practices Act, 1975