| (1) |
A Distribution Agency may call for applications more than once a year. |
| (2) |
The National Lotteries Commission must:— |
| (a) |
provide administrative support in order to facilitate the adjudication of applications for funding by the Distribution Agencies; |
| (b) |
implement programmes to:— |
| (i) |
educate and raise awareness of the grant making process; and |
| (ii) |
provide financial management training or capacity building training to applicants for grants, if the National Lotteries Commission is of the view that applicants do not possess such skills and that the said skills are necessary for the successful execution of projects which are funded by the National Lotteries Commission. |
| (c) |
with the approval of the Minister, develop and publish widely including, placement of information on the organisational website the procedures to be followed in the allocation of funds to worthy good causes after taking into consideration government priorities and any report compiled after research conducted in terms of section 2A(3) of the Act, if any. |
[Regulation 2 in Part II of the Regulations substituted by regulation 3 of Notice No. R312 dated 14 April 2015]
| (3) |
Upon receipt of an application for adjudication a Distribution Agency shall determine whether the application meets the criteria and the applicant has submitted all the mandatory documents in the application Form 2010/1 and— |
| (a) |
if the application does not meet the criteria and contain all the mandatory documents, such application will be declined on the basis that it does not meet the criteria or that it is an incomplete application, and the applicant will be informed accordingly; |
| (b) |
if the application meets the criteria and contains the mandatory documents, a Distribution Agency will proceed to assess the application in accordance with the requirements in regulations 3 - 6 of Regulations Relating to Allocation of Money in the National Lottery Distribution Trust Fund. |
| (1) |
In assessing an application for a grant in accordance with Regulation (3)(b), a Distribution Agency must:— |
| (a) |
finalise its adjudication within hundred and fifty (150) calendar days from the date of receipt of the application; and |
| (b) |
communicate its decision to the applicant thereon in terms of Regulation (6). |
| (2) |
In the event of a Distribution Agency failing to comply with the time period stipulated in Regulation (3A)(a)(i), it must:— |
| (a) |
within fourteen (14) days of the lapsing of the period in (3A)(a) furnish reasons for its failure to the board in writing; and |
| (b) |
take all necessary steps to finalise processing of the application within a period of thirty (30) days. |
| (3) |
The National Lotteries Commission must publish invitations for grant applications widely including, placement of information on the organisational website and timelines for application, required by both the National Lotteries Commission and the Distributing Agencies on the processing of grant applications from the time of receipt to final adjudication and payment. |
| (4) |
The National Lotteries Commission may at any time take steps to verify the applicant's information and operations of the organisation which has applied for or received a grant including, conducting site visit. |
[Regulation 3A in Part II of the Regulations inserted by regulation 4 of Notice No. R312 dated 14 April 2015]
| (4) |
When assessing the application, a Distribution Agency may:— |
| (a) |
at any time request any additional information or documents, other than mandatory documents in Form 2010/2; and |
| (b) |
take into consideration the fact that an applicant has had funding that was previously granted to it by the National Lotteries Commission withdrawn for whatever reason. |
[Regulation 4 in Part II of the Regulations substituted by regulation 5 of Notice No. R312 dated 14 April 2015]
| (5) |
A Distribution Agency may decide to make a grant, with or without conditions, or to decline to make a grant. |
| (6) |
Upon finalisation of the adjudication process, a Distribution Agency will within thirty calendar days in writing— |
| (a) |
inform the applicant of the outcome of the adjudication; |
| (b) |
if the application is declined, inform the applicant of the reasons; |
| (c) |
if the application is successful:— |
| (i) |
send the grant agreement to the applicant and such grant agreement will be open for acceptance for a period of thirty calendar days; |
| (ii) |
if acceptance of the offer or the grant agreement is not received within thirty calendar days, a Distribution Agency may withdraw the grant by giving notice to the applicant; |
| (iv) |
if the grant agreement is accepted and received within thirty calendar days payment will be effected within sixty calendar days. |
| (7) |
A Distribution Agency may approve a grant subject to condition that:— |
| (a) |
the grant be paid in full or in trenches; |
| (b) |
the grant be paid after receipt of a positive pre-grant site inspection or visit; and /or |
| (c) |
the grant be paid subject to a site visit being conducted during or after utilisation of the grant to satisfy that the grant was utilised for purposes for which it was approved. |
| (8) |
The grant agreement must, in addition to any condition, stipulate the powers of the Minister to prohibit or withdraw a grant, or impose conditions in terms of Section 33 read with Section 32 of the Act. |
| (8A) |
Every organisation which received a grant from the National Lotteries Commission shall, in procuring goods or services paid for by funds so acquired, follow a transparent and competitive process as set out in the Treasury Regulations. |
[Regulation 8A in Part II of the Regulations inserted by regulation 6 of Notice No. R312 dated 14 April 2015]
| (9) |
If a Distribution Agency approves a grant to an organisation which serves as a conduit for further distribution of the funds to the beneficiaries, in accordance with the purposes of the Act, such organisation shall comply with the procedure and conditions stipulated in this Notice to ensure that such further distribution conforms to the direction of the Minister and the requirements in regulations 3- 6 of Regulations Relating to Allocation of Money in the National Lottery Distribution Trust Fund. |
| (1) |
The National Lotteries Commission shall only receive and consider application for funding from an applicant who applies through an agent representative or conduit, if:— |
| (a) |
the applicant has been in existence for less than six (6) months on the date of submission of the application; or |
| (b) |
there is a clear need for a project in a community and that community is not organised through a recognised legal entity. |
| (2) |
Where an applicant applies for a grant through an agent, representative or conduit in terms of section 26G(3), the application must be accompanied by the following: |
| (a) |
a statement by the applicant providing reasons why it requires assistance; and |
| (b) |
a statement by the agent, representative or conduit on the nature of assistance it will provide to the applicant. |
| (3) |
Where an application for a grant lodged in terms of Regulation 2 in Part III is considered and approved by the Distribution Agency:— |
| (a) |
the total amount that may be charged by the agent, representative or conduit for services rendered by it to the grant beneficiary may not exceed five percent (5%) of the amount of the grant, provided that the maximum amount charged shall not exceed one hundred and fifty thousand rand (R150 000); |
| (b) |
the agent, representative or conduit shall before transfer of any grant funds, submit a plan to the National Lotteries Commission setting out how it will transfer the requisite skills to build the capacity of the assisted organisation or community; and |
| (c) |
furnish a report to the National Lotteries Commission on the actual execution of the plan submitted in terms of Regulation 3(b) in Part Ill within six (6) months of the transfer of the initial funds or such period as has been determined in the terms and conditions of the grant. |
[Regulation 10 in Part II of the Regulations substituted by regulation 7 of Notice No. R312 dated 14 April 2015]
| (11) |
Organisations receiving funds through conduits cannot apply directly to a Distribution Agency for funding unless such organisations are no longer conduits recipients, and in that case can submit applications directly to a Distribution Agency. |
Special Investigating Units and Special Tribunals Act, 1996
