2. 03 November 2017
THE LEGISLATION AND ITS IMPLICATIONS ON RESPONSIBLE GAMBLING AND TREATMENT OF GAMBLING DISORDERS
BONGA JAXA - SENIOR MANAGER:
COMPLIANCE AND LICENCING

3. CONTENTS Purpose Background Regulatory Environment Where are we?
Where are we going?
Conclusion

4. PURPOSE
To reflect on the applicable legislative framework in regulating and enforcing responsible gambling;
To provoke a debate on current trends and possible areas of legislative improvements.

5. BACKGROUND
One of our strategic objectives of introducing a regulated gambling industry is to balance the negative effects and social ills of gambling against the noble objectives of job creation, revenue generation and protection of the punters.
The government and licensed gambling operators have a joint obligation to create a conducive environment to realise the above objectives.

6. REGULATORY ENVIRONMENT
The National and Provincial Gambling Acts;
The National and Provincial Regulations and Rules;
The respective Conditions of Licence (Public interest);
The Mandate of the South African Responsible Gambling Foundation.

8. NATIONAL GAMBLING ACT, No. 7 of 2004
Section 12 Protection of Minors – A minor must not enter a Designated Area within any Licensed Premises;
Section 13 Restrictions on granting credit to gamblers – A Licensee must not extend credit to any person for the purposes of gambling;
Section 14 (1) Excluded Persons – A person who wishes to be prevented from engaging in any gambling activity may register as an excluded person by submitting a notice to that effect at any time;

9. NATIONAL GAMBLING ACT, No. 7 of 2004
Section 14 (2) Excluded Persons – A person who is registered as an excluded person may submit a notice to cancel the registration at any time;
Section 14 (4) Excluded Persons – A person may apply to a court of competent jurisdiction for an order requiring the registration as an excluded person a family member of the Applicant;
Section 14 (6) Excluded Persons – An excluded may apply to court to set aside the order after considering the grounds for making the original order and any new evidence before it.

10. NATIONAL GAMBLING ACT, No. 7 of 2004
Section 14 (7) Excluded Persons – The Board must establish and maintain a national register of excluded persons and make the information in the register continuously available to each Provincial Gambling Board and Licence Holders;
Section 14 (8) Excluded Persons – The Board may not charge a fee for registering a person as an excluded person;
Section 14 (9) Excluded Persons – The Minister, by Regulation in accordance with S 87, may prescribe forms, standards and procedures for registration of persons in the National Register.

11. NATIONAL GAMBLING ACT, No. 7 of 2004
Section 14 (10) Excluded Persons – A Licensee must not knowingly permit an excluded person to enter or remain in a designated area within those premises;
Section 14 (12) Excluded Persons – Every Licence Holder must make available at all its Licensed Premises the prescribed form to be used to register and a directory of local recognised counselling, treatment or education services addressing the problems of compulsive and addictive gambling as well as prominently place a notice of availability of that material.

12. EASTERN CAPE REGULATIONS
Regulation 101  Distribution and contents of the list.—(1)  For the purpose of ensuring compliance with the Act, the exclusion list shall be open to inspection at the offices of the board, during normal office hours of the board and shall be distributed to—
(a) every licensed gambling establishment within the Province;
(b) all other gambling regulatory bodies in the Republic.
Regulation 105 Excluded person prohibited from entering licensed premises or participating in gambling.—An excluded person who knowingly enters licensed premises from which he or she is excluded or knowingly participates in any gambling from which he or she is excluded, shall be guilty of an offence.

13. EASTERN CAPE REGULATIONS
Regulation 106   Duty of licence holder.—(1)  Whenever an identified excluded person enters or attempts to enter or is upon licensed premises from which he or she is excluded, the licence holder and its agents or employees shall—
(a) request such excluded person not to enter, or if on the premises, to immediately leave;
(b) notify the South African Police Service to evict such person if such excluded person fails to comply with the request of the licence holder, its agents or employees; and
(c) notify the board of the presence of any excluded person on the licensed premises.
(2) A licence holder shall not knowingly allow an excluded person to participate in any gambling from which he or she is excluded.

14. EASTERN CAPE REGULATIONS
Regulation 104.   Petition to be removed from the list.—(1)  Any person whose name has been placed on the list of excluded persons may petition the board in writing and request that his or her name be removed from such list, specifying the grounds believed by the petitioner to constitute good cause for removal
(2)  The board shall, within 60 days of receipt of a petition, either deny the petition or set the petition for hearing.
(3)  The burden of showing good cause for removal from the list shall at all times rest with the petitioner.
(4)  The board may determine time periods during which a person whose name appears on the list of excluded persons may not petition the board for removal of his or her name from such list.

15. NATIONAL GAMBLING ACT, No. 7 of 2004
Section 15 (1) Restrictions on advertising and promotion of gambling activities – A licence holder must not advertise or promote gambling in a false or misleading manner;
Section 15 (2) – Any advert of a gambling activity must include a statement warning against the dangers of compulsive and addictive gambling:
Section 15 (3) – A licence holder must not advertise or promote any gambling activity as being available to the public free of charge or at a discounted rate as an inducement for gambling.

16. PROVINCIAL GAMBLING ACTS
EC Regulation 119 (5): Undesirable Advertising - Every advertisement published by or on behalf of a licence holder which refers or relates to gambling must contain a slogan in clearly visible writing or which is clearly audible, as the case may be, which—
(a) is approved by the board;
(b) alerts members of the public to the issue of problem gambling;
(c) in the case of print advertisements—
(i) alludes to the fact that under 18’s are not allowed to gamble or enter the gambling area; and
(ii) contains the name and telephone number of the National Responsible Gambling Programme, stating the number is tollfree;

17. PROVINCIAL GAMBLING ACTS
EC Regulation 119: Undesirable Advertising - (1)  No person shall display, publish or broadcast any advertisement or form of advertising with regard to gambling—
(a) without the board’s prior approval, or
(b) which has been declared to be undesirable in terms of this regulation.
(2)  The board shall not approve any advertisement or form of advertising which in the opinion of the board—
(a) is offensive;
(b) is in any way misleading;
(c) is in bad state;
(d) may cause over-stimulation of gambling;

19. FUTURE ACTION PLANS Amendments to the Regulations;
National Register of Excluded Persons;
Use of smart card technology;
Tracking of Player winnings and losses;
Introduction of Cooling off Period;
Immediate and mandatory counselling;
Compulsory training to gamblers by licensees;
Protection of the Designated Vulnerable Groups.

20. CONCLUSION AND CRITICAL CONVERSATION TO BE PURSUED
How do we measure the success? Is it an increase or decrease in referrals? Once a gambler always a gambler?
Is Problem Gambling a National Health Disorder?
Visible and equitable distribution of Treatment Centres;
The TP and SARFG must make concrete proposals to influence legislative amendments to effectively regulate responsible gambling.
A call for a Productive Public Private Partnerships and Utilisation of Public Sector Professionals like Social Workers
#VOLUNTARYCOMPLIANCE

21. THANK YOU