Intellectual Property Rights from Publicly Financed Research and
R 385
National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 2 : National Gambling PolicyPart B : Prohibited gambling, restricted activities and status of gambling debt16. Enforceability of gambling debts and forfeiture of unlawful winnings |
| 1) | Despite any provision of the common law, or any other law other than this Act- |
| a) | a debt incurred by a person, other than an excluded person, subject to paragraph (d)(ii), or a minor, in the course of a gambling activity that is licensed in terms of this Act or provincial law, is enforceable in law; |
| b) | a debt incurred by a person other than an excluded person, subject to paragraph (d)(ii), or a minor, in the course of a gambling activity that is lawful but not required to be licensed, in terms of this Act or provincial law, is enforceable in law only to the extent that it is enforceable in terms of the common law or another law; |
| c) | a debt incurred by a person in the course of any gambling activity that is unlawful in terms of this Act or applicable provincial law is not enforceable in law; |
| d) | a debt incurred in the course of a gambling activity- |
| i) | by a minor is not enforceable in law; or |
| ii) | by an excluded person is not enforceable in law, unless that excluded person gained access to that gambling activity by fraudulently claiming to be a different person; and |
| e) | an informal bet is not enforceable in law. |
| 2) | A person must not knowingly pay any winnings from a gambling activity to- |
| a) | a minor; |
| b) | an excluded person; or |
| c) | any other person who won those winnings in a gambling activity that is unlawful in terms of this Act. |
| 3) | Any person who is prevented from paying winnings referred to in subsection (2) must remit those winnings to the board in the prescribed manner and form, to be held by the board in trust, pending a decision in terms of subsection (4). |
| 4) | Upon receiving any winnings under subsection (3), the board must investigate the circumstances of the relevant gambling activity, and either- |
| a) | deliver the winnings to the person who won them, if the board is satisfied that the gambling activity was lawful, and the winner was not a minor or excluded person at the time of the activity; or |
| b) | apply to the High Court for an order declaring the winnings forfeit to the State. |
