Chapter 10:02

Betting And Totalizator Control Act

Acts 33/1976, 41/1978 (s. 39), 32/1979 (s. 15), 1/1980 (s. 6), 5/1983, 18/1989 (s. 29), 17/1990, 15/1994;26/1998 (s. 66), 17/99 (s. 32),22/2001 (s. 4),16/2004 (s.3), 6/2005 (s. 12); S.I. 360/1981 (s. 3), 146/1992.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

LICENSINGOFBOOKMAKERS

3. Bookmakers to be licensed.
4. Minister may declare and define prescribed areas.
5. Applications for and issue or renewal of bookmakers licences.
6. Transfer of business of licensed bookmakers.
7. Provision for carrying on business of licensed bookmaker who dies or is under legal disability.
8. Provision for carrying on business of licensed bookmaker during his temporary absence.
9. Appointment of authorised deputies.
10. Provision for carrying on business of licensed bookmaker during his temporary absence.
11. Appointment of authorized deputies.
12. Closure of premises of certain licensed bookmakers in absence of both licensed bookmaker and authorized deputy.
13. Committee may direct admission of person to betting club.
14. Maximum number of licensed bookmakers in prescribed area.
15. Cancellation of bookmakers licences.
16. Obligations of licensed bookmakers.

PART III

LICENSINGOFOPERATORSOFTOTALIZATORS

17. Operation of unlicensed totalizator an offence.
18. Licensing of operators of totalizators.
19. Totalizator transactions to be registered.
20. Offences in connection with totalizators.
21. Commission deductible from gross takings from operation of totalizator.
22. Affidavit to be furnished by holder of totalizator licence.
23. Obligations of holder of totalizator licence.

PART IV

RESTRICTIONS ON BETTING

24. Betting by licensed bookmakers in prescribed areas restricted to race courses and betting rooms.
25. Minister may license betting rooms.
26. Control of betting rooms.
27. Offences in relation to liquor, games of chance and minors in betting rooms.
28. Restrictions on fixed odds betting.

PART V

BETTING TAX

29. Betting tax.
30. Payment of betting tax.
31. Security bonds.
32. Designation of revenue officers.
33. Estimated assessment of betting tax.

PART VI

GENERAL

34. Powers of police officers.
36. Penalties for offences.

AN ACT to provide for the licensing of bookmakers and operators of totalizators, for the imposition of certain restrictions on betting and for certain taxes on betting; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 17th December, 1976.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Betting and Totalizator Control Act [Chapter 10:02].

                       2    Interpretation

(1) In this Act—

“authorized deputy” means a person appointed to be an authorized deputy in terms of subsection (2) of section nine;

[Definition amended by section 66 of Act 26 of 1998]

“bet” means, subject to subsection (2), to stake, or expressly or impliedly to agree, promise or undertake to stake, by or on behalf of any person any money or valuable thing on any event or contingency of or relating to any sporting event;

“betting club’’ means any association or club of persons—

• formed for the purpose of enabling its members to bet on sporting events; and
• approved by the Minister in terms of subsection (3);

“betting room” means a room—

• licensed in terms of subsection (1) of section twenty-five; and
• wherein bets may be made and settled on the result of any sporting event;

“Board” means the Lotteries and Gaming Board established by section 3 of the Lotteries and Gaming Act [Chapter 10:26].

[Definition inserted by section 66 of Act 26 of 1998]

“bookmaker” means any person who earns or endeavours to earn his livelihood wholly or partly by betting with members of the public;

“bookmakers licence’’ means a bookmakers licence issued or renewed in terms of section five;

[Definition inserted by section 66 of Act 26 of 1998]

“Commissioner” means—

• the Commissioner in charge of the department of the Zimbabwe Revenue Authority which is declared in terms of the Revenue Authority Act [Chapter 23:11] to be responsible for assessing, collecting and enforcing the payment of the taxes leviable under this Act; or
• the Commissioner-General of the Zimbabwe Revenue Authority, in relation to any function which he has been authorised under the Revenue Authority Act [Chapter 23:11] to exercise;

[Definition substituted by section 36 of Act 17 of 1999]

“committee”….

[Definition deleted by section 66 of Act 26 of 1998]

“dog race” means a race in which dogs compete;

“dog racing association” means an association or club of persons which—

• conducts or controls racing with dogs; and
• is approved by the Minister in terms of subsection (6);

“horse race” includes a race in which the competing horses draw sulkies or other contrivances; “licensed bookmaker” means the holder of a bookmakers licence; “member” …..

[Definition deleted by section 66 of Act 26 of 1998]

“Minister” means the Minister of Home Affairs or any other Minister to whom the President may from time to time assign the administration of this Act;

“motor race day” means any day on which a motor race meeting is held;

“motor race meeting” mean a meeting—

• which is under the control of a motor racing club; and
• at which races with motor cars, motor cycles or midget motor cars are held;

“motor racing club” means an association or club of persons—

• promoting races with motor cars, motor cycles or midget motor cars; and
• approved in terms of subsection (4) by the Secretary;

“prescribed area” means a prescribed area declared and defined or redefined, as the case may be, in terms of sectionfour;

“race course” means the place advertised for the running of horse races or dog races on a race day;

“race day” means any day, other than Good Friday or Christmas Day, which has not less than one week beforehand been advertised as a day on which horse races or dog races will be held on a race course under the control of a turf club or dog racing association;

“revenue officer” means the appropriate officer designated in terms of section thirty-two;

“Secretary” means the Secretary of the Ministry for which the Minister is responsible;

“tax” means any tax charged, levied and collected in terms of section twenty-nine and includes any estimated assessment of tax which is payable in terms of section thirty-three;

“totalizator” means an apparatus or scheme for classifying and recording the various amounts of money staked by the persons using it, the total of all such amounts forming a pool which, after deduction of a percentage commission, is divided amongst those who successfully forecast the result of the race or other event concerned;

“totalizator licence” means a licence issued in terms of subsection (1) of section eighteen;

“turf club” means an association or club of persons which—

(a)   conducts or controls racing with horses or with horses drawing sulkies or other contrivances; and (b)   is approved by the Minister in terms of subsection (5).

“Zimbabwe Revenue Authority” means the Zimbabwe Revenue Authority established by section 3 of the Revenue Authority Act [Chapter 23:11].

Definition substituted by section 36 of Act 17 of 1999]

(2) For the purposes of this Act, the staking of any money or valuable thing which will be, or form part of, the prize to be won by persons—

• participating in any sporting event; or
• owning horses or dogs taking part in any horse race or dog race; shall not be regarded as betting.
• The Minister may from time to time approve, for the purposes of the definition of “betting club” in subsection (1), an association or club of persons formed for the purpose of enabling its members to bet on sporting events.
• The Secretary may from time to time approve, for the purposes of the definition of “motor racing club” in subsection (1), an association or club of persons promoting races with motor cars, motor cycles or midget motor cars.
• The Minister may from time to time approve, for the purposes of the definition of “turf club” in subsection (1), an association or club of persons which conducts or controls racing with horses or with horses drawing sulkies or other contrivances.
• The Minister may from time to time approve for the purpose of the definition of “dog racing association” in subsection (1) an association or club of persons which conducts or controls racing with dogs.