(1) | The National Lotteries Commission shall not consider applications for funding for activities implemented:— |
(a) | outside the borders of the Republic of South Africa; |
(b) | by organisations established for profit or in furtherance of objectives of a for-profit organisation; |
(c) | by organs of state excluding, educational and welfare institutions; and |
(d) | by political parties. |
Procedure for Review of the Decisions by Distributing Agency
(2) | Any applicant for a grant who is aggrieved by the decision of the Distribution Agency, other than a decision regarding the amount of the grant approved shall in lodging a review with the National Lotteries Commission:— |
(a) | submit a notice to apply for review of the decision of the Distribution Agency, which notice must be signed by the applicant or by an authorised officer of the applicant within thirty (30) days from the date the applicant received notification of the Distribution Agency's decision; and |
(b) | attach to the notice, a copy of the decision and a statement laying out the basis of the applicant's review application. |
(3) | Upon receipt of documents contemplated in Regulation 3, the National Lotteries Commission must refer the matter to a review committee which shall be constituted of at least three (3) board members. |
(4) | In considering an application to review a decision of the Distribution Agency, the review committee of the board may:— |
(a) | finalise the review and take a decision if the documents submitted with the review application contain information which in the opinion of the review committee, is sufficient for it to reach a fair decision; or |
(b) | request to be provided with further information or documents which the review committee considers necessary for determining the review. |
(5) | If the applicant fails to provide the requested information to the review committee within thirty (30) days from the date on which the applicant received the request, the review shall lapse, provided that the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) have been complied with. |
(6) | The review decision must be made within ninety (90) days from the date on which the application for review was received or the date on which the documents contemplated in Regulation 3 were lodged, as the case may be. |
(7) | If the National Lotteries Commission fails to make a decision within the time specified in Regulation 6 of Part III of these Regulations, Regulation 3A(2) applies to the board with the necessary changes, and the report must be furnished to the Minister. |
[Part III of the Regulations inserted by regulation 8 of Notice No. R312 dated 14 April 2015]