I have requested the information from the NLC and received the reply set out below. I am of the view that the information requested should be made available to Parliament as requested and that the reply provided by the NLC is not adequate nor sufficient. I have further advised the NLC of my view about the confidentiality of information; and await their reply. On receipt of the information and subject to legal advice, it will be made available to Parliament.
REPLY RECEIVED FROM NLC: “The NLC response to the pandemic has been targeted to assist a distressed civil society for the benefit of vulnerable groups in the country, In line with Section 2A(3) of the Lotteries Act No 57 of 1997 as amended and the approved Pro-Active Funding, the Commission approved urgent pro-active funding of R10 million to 54 Non-Profit Entities, for basic and essential goods, food parcels and cooked meals to assist the most vulnerable groups.
“In terms of the funded beneficiaries, Regulation 8, read together with the Promotion of Access to information Act, 2000 (Act No. 2 of 2000), the Promotion of Administrative Justices Act, 2000 (Act No. 3 of 2000), and the Protected Disclosures Act, 2000 (Act No. 26 of 2000), no person may in any way – (a) Disclose any information in connection with any grant application or the grant itself; (b) Disclose the contents of the report contemplated in Regulation 6(1); or (c) Publish any information obtained in contravention of paragraph (a) or (b); Unless – (i) Ordered to do so by a court of law; (ii) Making a bona fide confidential disclosure or publication to the Minister, the Public Protector, Parliament or a committee designated by Parliament, a member of the South African Police Service or the National Prosecuting Authority; (iii) The Juristic Person who made a grant application and the board consent thereto in writing prior to that disclosure or application; or (iv) provided for in these Regulations, prohibit the disclosure of information pertaining to any grant application or the grant itself, unless the conditions above are met.
“All the National Lotteries Commission (NLC) COVID-19 related grant allocations are subject to internal and external (Auditor General of South Africa) audit in the ordinary course and NLC policies remains applicable. “
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