National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 2 : National Gambling PolicyPart B : Prohibited gambling, restricted activities and status of gambling debt14. Excluded persons |
| 1) | 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 in the prescribed manner and form at any time. |
| 2) | A person who registered as an excluded person in terms of subsection (1) may submit a notice in the prescribed manner and form to cancel that registration at any time. |
| 3) | A notice filed in terms of subsection (1) or (2) takes effect on a date determined in accordance with the regulations. |
| 4) | A person may apply to a court of competent jurisdiction for an order requiring the registration as an excluded person of- |
| a) | a family member of the applicant; |
| b) | a person on whom the applicant is economically dependent in whole or in part; |
| c) | a person for whom the applicant is economically responsible in whole or in part; |
| d) | a person who is subject to an order of a competent court holding that person to be mentally deranged; or |
| e) | any other person- |
| i) | to whom the applicant has a duty of care; and |
| ii) | whose behaviour manifests symptoms of addictive or compulsive gambling. |
| 5) | If, in the circumstances of an application in terms of subsection (4), the court considers it reasonable and just to prevent the person concerned from engaging in any gambling activity, the court may order the registration of that person as an excluded person. |
| 6) | An excluded person affected by an order in terms of subsection (5) may apply to the court that made the order at any time to set aside the order, and the court may do so if, after considering the grounds for making the original order and any new evidence before it, the court is satisfied that it is no longer reasonable and just to prevent that person from engaging in any gambling activity. |
| 7) | The board must- |
| a) | establish and maintain a national register of excluded persons in the prescribed manner and form; and |
| b) | make the information in the register continuously available to - |
| i) | each provincial licensing authority; and |
| ii) | every person who is licensed to make a gambling activity available to the public. |
| 8) | The board may not charge a fee for registering a person as an excluded person. |
| 9) | The Minister, by regulation made in accordance with section 87, may prescribe- |
| a) | forms, standards and procedures for the registration of persons on, and cancellation of registrants from, the register of excluded persons; |
| b) | fees for services in connection with the maintenance and access to the register of excluded persons, other than the registration of excluded persons; or |
| c) | standards to be employed by licensees in giving effect to subsections (10) and (11). |
| 10) | A licensee, licensed employee, or person in control of licensed premises or a gambling machine or gambling device, must not knowingly permit an excluded person to- |
| a) | enter or remain in a designated area within those premises; |
| b) | operate that gambling machine or gambling device; |
| c) | conduct or make available a restricted gambling activity, or an activity licensed as social gambling, within those premises; or |
| d) | engage in social gambling or a restricted gambling activity within those premises. |
| 11) | A person referred to in subsection (10)- |
| a) | must take the prescribed measures to determine accurately whether or not a person is an excluded person, before permitting that person to do anything contemplated in subsection (10)(a) to (d); and |
| b) | is not liable under this Act or any other civil or criminal law for admitting an excluded person provided the licensee has taken the prescribed measures. |
| 12) | Every licensee authorised to make a gambling activity available to the public must- |
| a) | make available at all of its licensed premises and on its website- |
| i) | the prescribed form to be used by a person wishing to register as an excluded person in terms of subsection (1); and |
| ii) | a directory of local recognised counselling, treatment or education services addressing the problems of compulsive and addictive gambling; and |
| b) | prominently post a notice advertising the availability of those materials, forms and information, in the prescribed manner and form, at every entrance to those premises and on its website. |