Finance and Economic Opportunities:
What are the options available to the Western Cape Provincial Parliament to amend the Western Cape Gambling and Racing Act, 1996 (Act 4 of 1996), to assist people who are dependent on or who are responsible for persons who suffer from compulsive gambling disorder to apply to have such persons declared compulsive and habitual gamblers by a competent authority without following the onerous and public process of approaching a court for such an order?
Currently the National Gambling Act, 2004 (“NGA”) provides for a national exclusion process for patrons that wish to be excluded from participating in gambling. The NGA provides for the National Gambling Board to maintain the register, how application must be made for exclusion and who has access to the information contained on the register. However, the provisions governing self-exclusions are not in operation, as per the schedule to the NGA, and will only come into effect upon such date determined by the National Minister by publication in the Gazette. Regulations to the NGA, which pertain to self-exclusion, have not been made to date.
Given the above, the Western Cape Gambling and Racing Board has proposed certain amendments to the Western Cape Gambling and Racing Act, 1996, including the provision of a provincial exclusion process and the maintenance of a provincial exclusion register, in the absence of a national process.
The Provincial Treasury intends reviewing existing provincial gambling legislation in its entirety in due course and, where necessary and appropriate, will propose amendments to such legislation. The Board’s proposals will be considered fully as part of this process. The process will be undertaken in consultation with Legal
Services (Department of the Premier) to ensure that the legislation is legally and constitutionally sound.
The above process will supplement existing measures currently undertaken by the Board to promote responsible gambling and support those individuals who are adversely affected by gambling.
