Local editors could be jailed over new lottery law

Local media houses may be liable to a fine of N$4 million and their bosses could be jailed for 20 years should they participate in or facilitate illegal lotteries, according to the imminent state lottery law.

Tourism minister Pohamba Shifeta said this yesterday with regards to the status and progress of the implementation of the Lotteries Act of 2017.

The law was operationalised in December 2021 after having undergone a rigorous consultation and review process, he said.

“I must also warn any person or media house that is participating and/or facilitating such illegal activities within their publications or platforms without first confirming with the Lotteries Board that such activities are legal, they too are liable to be fined.”

He added that under general offences, the Act states that a person who participates or conducts, facilitates, promotes or derives any benefit from a lottery, promotional competition or sports pool is liable to a fine not exceeding N$4 million or to imprisonment for a period not exceeding 20 years, or both.

This also applies to anyone who conducts, organises, promotes devises or manages any scheme, plan, competition, arrangement, system, game or device which directly or indirectly provides for betting, wagering, gambling or any other game of risk on any outcome of any lottery - unless it is or has been authorised by the Act or any other law.

State lottery

Shifeta said the Lotteries Board is currently engaged in the process of identifying an operator for the state lottery. This process will be done transparently through a proper public procurement process and is expected to be finalised before the end of this year, he said.

“The ministry would like to call on Namibians and Namibian companies to participate in the operation of state lottery once advertised, on their own or in partnership with experienced entities in Namibia or abroad.”

He stressed that all industries related to lotteries are regulated in terms of the Lotteries Act.

A lottery - as defined by the Act - denotes any game such as computer games, schemes, arrangements, systems, plans, promotional competitions or devices for distributing prizes by lot or chance - whether operated manually, mechanically, electronically or other means.

“The Lottery Act aims to provide for the authorisation and promotion of competitions; the supervision and control of benevolent lotteries, and to provide for any incidental matters.”

Register first

Shifeta said the ministry advises industry operators, promoters and individuals conducting such business activities to apply and register their businesses, schemes, programmes and projects with the board before undertaking such business activities, their promotion or marketing.

He also encouraged people who are not sure whether the activities they are conducting fall within the category of lotteries to familiarise themselves with the Act.

This is necessary so that they can verify and seek clarity from the Lotteries Board before embarking on any scheme or undertaking illegal activities that may be classified as lotteries, he said.

“This is to avoid any breach of the law or provisions thereof. Illegal operations of private lotteries not approved by or registered with the Lotteries Board or any qualifying scheme under the Lotteries Act are punishable by law - including the media or any person promoting and facilitating such illegal or unregistered activities.”

According to him, the ministry continues to observe illegal or unregistered lottery activities being conducted or announced in Namibia without prior authorisation or approval by the board.

Activities approved by the board will be provided with a certificate. Members of the media and the public should inquire on the availability of such a certificate if requested to promote a scheme or project that falls within the legal definition of lotteries in terms of Act, Shifeta urged.