Time to Take on the Lotto

Thursday, July 9, 2009 - 09:35
If you are a charity or NGO who feels that you have been treated unreasonably or unfairly by the Lotto, and you are willing to take them on, Edward Nathan Sonnenbergs Inc., a firm of attorneys, investigating the possibility of a class action against the Lotto on behalf of deserving charities and NGOs.

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Time to think about the Lotto?

Dear Lourens, Thank you for the kind offer to assist NGOs facing challenges with the NLDTF, I am sure you will receive a good response from your call. It is public knowledge that there are and have been many problems of an administrative justice nature in the way the NLDTF functions. This is indisputable though, if you allow me, may I introduce a disruptive though not entirely new idea to yourself and others engaged on this issue? The problems manifest in the functioning of the NLDTF are apparent and it is clearly possible to embark on the kind of class action legal process you refer to but can we pause for a moment to reflect on the possible consequences of such an action beyond the immediate court outcome and also spread our thinking a bit broader to ask what other options and ideas there may be? The Minister of the DTI has recently called for new nominations for appointment to the board of the NLB and in this call lies another possible option, namely one that the National Welfare Forum has been consistently making for about three years now, that there needs to be a separate board appointed for the NLDTF as the current mandate of the NLB board is focused on gambling legislation compliance which is very far removed form the mandate of the NLDTF. It follows that if the NLDTF has a separate board to oversee its mandate, there is greater hope that NGOs may experience fewer challenges. I acknowledge that this argument may be challenged by the example set by the SABC and but that is hopefully a bad example of the past… Disruptive idea number two: The NLB and NLDTF are accountable to Parliament as entities of the DTI and as such, there is an option to create regulations for the functioning of the NLDTF in respect of the operational functions related to awarding of grants, which is in reality the only real problem NGOs face with the NLDTF. Neither of these disruptive ideas is new, in fact they were first published on www.sangonet.org.za, titled “Finding win-win Alternatives” on 14 March 2007. I would urge you to read that item and consider utilising your valuable offer to assist NGOs in a manner that brings positive outcomes to this situation without such an adversarial approach that may prove much more damaging to NGOs in the future. There is in general a positive, open, and engaging approach in government now and this presents an incredible opportunity for civil society to work collaboratively with government to build a great country. Rajesh Latchman Coordinator National Welfare Forum www.forum.org.za
If you are a charity or NGO who feels that you have been treated unreasonably or unfairly by the Lotto, and you are willing to take them on, Edward Nathan Sonnenbergs Inc., a firm of attorneys, is willing to assist you.

Lourens Ackermann, Pro Bono Coordinator at Edward Nathan Sonnenbergs Inc., is currently investigating the possibility of pursuing individual applications against the Lotto on behalf of deserving charities and NGOs.

In order for him to take on your case, you must e-mail or fax him proof of the Lotto's unreasonable behaviour. This would usually include a letter from the Lotto to say why your funding was denied, with an explanation from you as to why their decision is unreasonable, or if you have had funding approved, proof that there has been an unreasonable delay in paying out.

Information should be submitted to lackermann@ens.co.za or fax: 021 410 2555.

Please note that you must be prepared to take the matter all the way to Court if necessary, although the matter will be resolved without litigation if it is possible to do so.

Lourens Ackermann
Pro Bono Coordinator
Edward Nathan Sonnenbergs
Tel:  021 410 2500
Fax: 021 410 2555
www.problemsolved.co.za

Related articles:

Lottery Funding and the NGO Sector

Shame on Lotto
 

Source: 
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