Intellectual Property Rights from Publicly Financed Research and
R 385
National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 3 : Jurisdiction and LicensingPart D : Licensing norms and standards50. Disqualifications and restrictions for other licenses |
| 1) | This section does not apply to an employment license. |
| 2) | A person must not hold a licence issued in terms of this Act, or comparable provincial law, or any of the total financial interest in the licensee of such a licence, if that person- |
| a) | is under the age of 18 years; |
| b) | is a public servant or political office bearer; |
| c) | is listed on the register of excluded persons; |
| d) | is a family member, other than a brother or sister, of a person who is a member or employee of a regulatory authority exercising oversight over that licensee; |
| e) | is an unrehabilitated insolvent; |
| f) | is not a fit and proper person to be involved in the business concerned; |
| g) | is subject to an order of a competent court holding that person to be mentally unfit or deranged; |
| h) | has ever been removed from an office of trust on account of misconduct relating to fraud or the misappropriation of money; |
| i) | has been convicted during the previous ten years, in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), the Financial Intelligence Centre Act, the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004), or an offence in terms of this Act or applicable provincial law, and has been sentenced to imprisonment without the option of a fine, or to a fine exceeding the prescribed amount, unless the person has received a grant of amnesty or free pardon for the offence; or |
| j) | has been convicted during the previous ten years of any computer or computer software related crime. |
| 3) | A provincial licensing authority or the board must refuse to issue a licence to a person who is disqualified from holding an interest in a licence, licensee, licensed premises, or the business to which a licence relates, in terms of subsection (1), or applicable provincial law. |
| 4) | A provincial licensing authority or the board must refuse to issue a licence to an applicant if, after conducting the prescribed investigations, the licensing authority has reason to believe that the applicant, any person who has a controlling interest in the applicant, any person who holds any of the total financial interest in the applicant, or any manager of the business concerned is- |
| a) | a family member, other than a brother or sister, of a person who is a member of that licensing authority; or |
| b) | disqualified from holding an interest in a licence, licensee, or the business to which a licence relates, in terms of subsection (1). |
