National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 3 : Jurisdiction and LicensingPart B : National licences42. Review of proposal to issue national licence |
| 1) | After receiving a notice from a provincial licensing authority that it proposes to issue a national licence, the Chief Executive Officer- |
| a) | must direct an inspector to conduct an oversight evaluation of the application, investigative report and recommendations of the provincial licensing authority, if two or more provincial licensing authorities have so requested in terms of section 40(3); or |
| b) | in any other case, may direct an inspector to conduct such an oversight evaluation, if there are good grounds to believe that the requirements of this Act have not been satisfied. |
| 2) | If a direction is given for an oversight evaluation, the Chief Executive Officer must issue a notice of intent to evaluate the proposed licence in the prescribed form to- |
| i) | The applicant; |
| ii) | the provincial licensing authority; and |
| iii) | any provincial licensing authority that made a request for the oversight evaluation, in terms of subsection (1)(a). |
| 3) | After conducting an oversight evaluation in terms of subsection (1), the Chief Executive Officer may- |
| a) | without referring the application to the board, advise the provincial licensing authority in the prescribed manner that there are no objections to the issue of the national licence as proposed; |
| b) | request that the provincial licensing authority consider- |
| i) | imposing particular or additional conditions before issuing the licence; or |
| ii) | altering any proposed conditions before issuing the licence; or |
| c) | issue a deficiency report to the provincial licensing authority- |
| i) | requesting the provincial licensing authority to consider the application afresh; and |
| ii) | setting out any matters in respect of which the authority failed to comply with national norms and standards for consideration of the application. |
| 4) | A provincial licensing authority may issue the licence as proposed by it, if the Chief Executive Officer- |
| a) | has not issued a notice of intent to evaluate in terms of subsection (2), or a notice in terms of subsection (3), within 20 days after receiving notice of the proposed licence; or |
| b) | issues a notice in terms of subsection (3)(a). |
| 5) | If the Chief Executive Officer issues a request in terms of subsection (3)(b), the provincial licensing authority may- |
| a) | issue the licence with the altered conditions as requested by the Chief Executive Officer; or |
| b) | request the board to set aside the request of the Chief Executive Officer, and permit the issuing of the licence as initially proposed. |
| 6) | If the Chief Executive Officer issues a deficiency report in terms of subsection (3)(c), the provincial licensing authority must either- |
| a) | consider the application afresh; or |
| b) | request the board to set aside the deficiency report and permit the issuing of the licence as initially proposed. |
| 7) | If a matter is referred to the board in terms of subsection (5) or (6), the board may- |
| a) | confirm the request or deficiency report of the Chief Executive Officer; |
| b) | set aside all or part of the request or the deficiency report; or |
| c) | permit the issuing of the licence with or without conditions. |