Illegal gambling to be legalised
There is relief in sight for illegal gambling operators, with tourism minister Pohamba Shifeta announcing yesterday that these businesses will not be shut down despite pressure from legal operators to act.
Shifeta said he found himself between a rock and a hard place after licensed gambling machine operators dragged him to court demanding that the ministry confiscate all illegal gambling machines and shut down all illegal operations.
He was engaging northern businesspeople on the newly introduced Gaming and Entertainment Control Act of 2018 at Oshakati yesterday.
Following the introduction of the Act in May this year, the Gambling House Association of Namibia and Bandits Gambling CC approached the High Court demanding Shifeta comply with section 42 of the Casinos and Gambling Houses Act, 1994.
The Act requires a casino or gambling licence to be granted to individuals who conduct gaming-related businesses, while section 42 requires the minister to appoint an inspector to enforce the Act.
According to court documents seen by Namibian Sun, the Gambling House Association of Namibia and Bandits Gambling CC gave Shifeta 60 days to appoint sufficient inspectors in terms of the section.
“The minister shall exercise the powers given to such inspectors in section 43(1)(b), (c) and (d) of the aforesaid Act to ensure that there is compliance with the provisions of the aforesaid Act and, in particular, that gambling houses and casinos comply with the requirements of the Act and that no game or gambling was allowed on any premises not properly licensed in terms of the aforesaid Act,” the affidavit stated.
Other respondents in the matter are the chairperson of the Casino Board and the attorney-general.
In a notice of motion filed by Shifeta’s legal team yesterday, he requested the court to extend the period he is required to file answering papers to four months.
“When the matter appeared in court on 14 June on the unopposed motion roll before Justice Thomas Masuku, I was ordered to file my answering papers on 15 July. At the time of deposing this affidavit, the court order had not yet been loaded onto the e-justice filing system. My legal representative who appeared on my behalf has deposed a confirmatory affidavit,” Shifeta’s affidavit read.
At Oshakati yesterday, Shifeta said there are many gambling machines in the country, but only a handful have licences and no gambling machine will be confiscated or gambling house closed down.
“I know that by law nobody is authorised to operate gambling business without a licences, but we are already in a situation where many people already operating without licences. Only 2 800 gambling machines are licenced, but we have over 100 000 machines without licences and these businesses employ many people. If we close these businesses, then many people will lose their jobs,” said Shifeta.
“I understand the grounds of those who took me to court because they are being robbed by those operating illegally, but technically I have my own understanding of the situation. What we are planning to do is that we are going to issue licences to all the illegal machines and businesses operating so that there will be no more complaints.”
Shifeta said currently the Act only refers to casinos and gambling houses and the requirements are restricted to those, while gambling machines found in shebeens and cuca shops “are disadvantaged in the Act”.
He said the ministry is going to amend the Act to suit those operating in parks, shebeens and cuca shops.
Jabulani Ncube from the government attorney’s office appears for Shifeta while Shaun Ellis from Ellis and Partners appears for the Gambling House Association of Namibia and Bandits Gambling CC.
Yesterday Shifeta brought a notice of motion asking for a four-month extension. Masuku is yet to rule.
ILENI NANDJATO
Shifeta said he found himself between a rock and a hard place after licensed gambling machine operators dragged him to court demanding that the ministry confiscate all illegal gambling machines and shut down all illegal operations.
He was engaging northern businesspeople on the newly introduced Gaming and Entertainment Control Act of 2018 at Oshakati yesterday.
Following the introduction of the Act in May this year, the Gambling House Association of Namibia and Bandits Gambling CC approached the High Court demanding Shifeta comply with section 42 of the Casinos and Gambling Houses Act, 1994.
The Act requires a casino or gambling licence to be granted to individuals who conduct gaming-related businesses, while section 42 requires the minister to appoint an inspector to enforce the Act.
According to court documents seen by Namibian Sun, the Gambling House Association of Namibia and Bandits Gambling CC gave Shifeta 60 days to appoint sufficient inspectors in terms of the section.
“The minister shall exercise the powers given to such inspectors in section 43(1)(b), (c) and (d) of the aforesaid Act to ensure that there is compliance with the provisions of the aforesaid Act and, in particular, that gambling houses and casinos comply with the requirements of the Act and that no game or gambling was allowed on any premises not properly licensed in terms of the aforesaid Act,” the affidavit stated.
Other respondents in the matter are the chairperson of the Casino Board and the attorney-general.
In a notice of motion filed by Shifeta’s legal team yesterday, he requested the court to extend the period he is required to file answering papers to four months.
“When the matter appeared in court on 14 June on the unopposed motion roll before Justice Thomas Masuku, I was ordered to file my answering papers on 15 July. At the time of deposing this affidavit, the court order had not yet been loaded onto the e-justice filing system. My legal representative who appeared on my behalf has deposed a confirmatory affidavit,” Shifeta’s affidavit read.
At Oshakati yesterday, Shifeta said there are many gambling machines in the country, but only a handful have licences and no gambling machine will be confiscated or gambling house closed down.
“I know that by law nobody is authorised to operate gambling business without a licences, but we are already in a situation where many people already operating without licences. Only 2 800 gambling machines are licenced, but we have over 100 000 machines without licences and these businesses employ many people. If we close these businesses, then many people will lose their jobs,” said Shifeta.
“I understand the grounds of those who took me to court because they are being robbed by those operating illegally, but technically I have my own understanding of the situation. What we are planning to do is that we are going to issue licences to all the illegal machines and businesses operating so that there will be no more complaints.”
Shifeta said currently the Act only refers to casinos and gambling houses and the requirements are restricted to those, while gambling machines found in shebeens and cuca shops “are disadvantaged in the Act”.
He said the ministry is going to amend the Act to suit those operating in parks, shebeens and cuca shops.
Jabulani Ncube from the government attorney’s office appears for Shifeta while Shaun Ellis from Ellis and Partners appears for the Gambling House Association of Namibia and Bandits Gambling CC.
Yesterday Shifeta brought a notice of motion asking for a four-month extension. Masuku is yet to rule.
ILENI NANDJATO
Comments
Namibian Sun
No comments have been left on this article