National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 3 : Jurisdiction and LicensingPart A : Jurisdiction34. Oversight function of board |
| 1) | The board must ensure that its functions and those of the Chief Executive Officer set out in this section are exercised in a manner consistent with the requirements of section 41(1)(e), (g) and (h) of the Constitution. |
| 2) | The board may direct the Chief Executive Officer to carry out an oversight evaluation of the exercise by a provincial licensing authority of its responsibilities and functions in terms of this Act. |
| 3) | Before conducting an evaluation in terms of subsection (2), the Chief Executive Officer must notify the relevant provincial licensing authority, in writing, of- |
| a) | a direction given by the board; and |
| b) | generally, the scope and methodology of the proposed evaluation. |
| 4) | The Chief Executive Officer must- |
| a) | provide a copy of an evaluation report to the relevant provincial licensing authority; and |
| b) | invite the provincial licensing authority to submit a written response in respect of that evaluation within the prescribed time. |
| 5) | If, as a result of an evaluation conducted in terms of subsection (2), the Chief Executive Officer has reason to believe that a provincial licensing authority has failed to comply with any provision of this Act, the Chief Executive Officer- |
| a) | may issue a deficiency report to the provincial licensing authority setting out any matters in respect of which the authority has failed to comply with any provision of this Act; and |
| b) | must at the same time invite the provincial licensing authority to propose a basis for an agreement that would ensure compliance with all applicable provisions of this Act. |
| 6) | If an agreement contemplated in subsection (5)(b) is reached between the provincial licensing authority and the board, the Chief Executive Officer must monitor progress achieved in terms of that agreement, and- |
| i) | Report to the board at intervals determined by it; and ; |
| ii) | issue a further deficiency report and invitation contemplated in subsection (5), if the provincial licensing authority significantly fails to meet any of its commitments in terms of that agreement. |
| 7) | A provincial licensing authority may request the board to set aside all or part of a deficiency report issued by the Chief Executive Officer in terms of subsection (5) or (6). |
| 8) | The board may refer the matter to the Council for consideration in terms of section 62(2)(c), if- |
| a) | a provincial licensing authority does not respond to a deficiency report issued by the Chief Executive Officer in terms of subsection (5) or (6); |
| b) | the provincial licensing authority and the board fail to reach an agreement contemplated in either subsection; or |
| c) | the provincial licensing authority is persistently in default in terms of that agreement. |