- Currently, land-based gambling is legal and regulated, while online gambling is illegal. The History of Gambling Law in South Africa. Gambling has had a long history of restrictions in South Africa. The 1965 Gambling Act, officially made all forms of betting illegal, except for horse racing which was considered a sports activity.
- Illegal online gambling, which is growing rapidly as smartphone penetration increases, cost South Africa R587 million in lost GDP. The total impact of illegal land-based and illegal online gambling resulted in R1.9 billion in lost GDP, and a loss of 3 785 jobs.
- Effect of the Online Gambling Laws in South Africa on Individual Players The current law on online gambling does not restrict individuals from accessing online gambling services. Players do not have to hide from the police will they enjoy the best slots for South African players.
Here is all the info on the issue is online gambling legal in South Africa?
Introduction
Casino online gaming is a great way to get some entertainment going on, coupled with fantastic gaming, and a marvellous way to unwind from the comfort of one’s own home.
When it comes to casino online game players that reside in South Africa, there is the ever-constant question of legitimacy and legal issues that tend to follow any casino online gambling site and the player that takes part in the services and products on offer to South African players.
The National Gambling Board (NGB) in South Africa issued on Monday a media statement regarding the legality of online gambling in the country expressing its concern the topic appeared for public discussion in some circles. The regulator made it clear all forms of online gaming besides sports betting is strictly prohibited.
Perhaps the best bet would be to take a closer look at the rules of engagement, the legal ramifications and repercussions of any avid casino online game title player found playing online casino games within the South African jurisdictions, as well as the history of South Africa and gambling on the whole, so as to ascertain what the attitude towards these casino online game players and casino online gambling sites tend to be, when in South Africa.
It is also something to be considered as to when one should expect South African individuals, that happen to be ardent casino online players, to bend a rule (read as law) here and there, in lieu of seeking out their preferred mode of entertainment. Is there even an incident where this type of blatant disregarding of legal ordinances is rather seen as a misdemeanour, in other words, is there a pseudo loophole for these avid casino online players residing in South Africa to aim towards? Keep reading to see what the inside scoop with regards to online gambling legal issues in South Africa happens to be.
Is it legal to gamble online in South Africa?
As with all instances in this life, one needs to take a page out of the history books, in order to be able to see where a situation has once been, so as to understand where it stands presently, and in today’s society.
With regards to the casino online gambling industry in South Africa, it is important to hearken back to the days of yesteryear and see the journey that Gambling in South Africa has taken over the years.
From as far back as 1965, South Africa has had a rather vocal and dominant stance against gambling within the country. The 1965 Gambling Act was introduced, clearly making the distinction within South Africa, stating that all forms of gambling were irrevocably determined as illegal, and subsequently banned as a result.
This public denunciation of the activity of gambling was, however, not taken lightly by the general South African populus, in that many a South African citizen would knowingly break this predetermined gambling act and decree, and opt to play their hand at any given gambling activity, this way breaking the rules (and law), and opt to rather take part in illegal gambling via the many thousands of illegal casino that were situated throughout the country of South Africa.
In fact, between the 1970’s and the 1990’s, South African casino game players had the opportunity to take up their preferred mode of entertainment via gambling activity, in one of the over 2000 illegal casinos that just so happened to be spread out throughout South Africa.
It was in 1994, with the introduction and induction of the new government that a revised gambling act was introduced to South Africa, resulting in the implementation of the National Gambling Act of 1996. This new gambling act legalised land-based casinos and initiated a reform where all forms of gambling within South Africa was now on the path to being regulated by the National Gaming Board.
It was in 2004 that the National Gambling Act was revised, this time making special mention of the fact that online casino gambling was indeed illegal. Further to this was the National Gambling Act Amendment of 2008, where the further emphasis was placed on the illegal nature of casino online operators located within the jurisdiction of South Africa.
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What the above quintessentially boils down to is the following:
Playing at an online casino gambling site that operates from within South Africa is illegal. The products and services of any given casino online gambling site, that happens to be residing within the South African borders is in fact deemed illegal and banned.
However, there seems to be a loophole in terms of the rights and legal issues involving the individual South African casino online player. There has been zero incidents or records pertaining to the prosecution of any given casino online player from South Africa, and truth be told, there are very many casino online game players that are South Africans, that remain active and ardent casino online game players, even today.
The general consensus is as such: any offshore casino online gambling site may decide to offer South African players the right to enjoy their casino online slot games and promotional bonus offers, and ultimately join up to be part of the said casino online gambling sites’ player community – it is solely the prerogative of the offshore casino online gambling site in question as to whether they will open their doors to the South African player or not.
The reason why South Africa has clamped down on casino online gambling is in large due to the banking systems within South Africa, and their unwillingness to associate with gambling entities as a whole. The risks are felt to be too great, therefore offshore casino online sites are eligible for gameplay, as these sites are more than happy to take up potential risks that would be associated with bank systems affiliated with gambling enterprises.
Similarly, should a casino online gambling site decide to take up residency in SOuth Africa, although it is an illegal enterprise to undertake, the South African player that signs up to this particular type of casino online brand will not feel the heavy hand of the law come down on them, instead, ti si the casino online gambling site itself which will take the full brunt of the law and the consequences, therefore, plainly put, it is the casino online gambling site that will take all the risks of operating in South Africa.
Conclusion
In one word: it is illegal to have and operate an online casino gambling site within the jurisdiction of South Africa, however, should there be an offshore casino online gambling site that is willing to allow South African casino online game players to sign up and join their particular player community, this is something that is not illegal, and in fact a loophole that many casino online gaming sites have decided to take up, as well as many casino online game players that reside in South Africa.
As is most common with countries that frown upon and even ban casino online gambling, just like South Africa, the entire premise rests on the fact that these countries do not want to associate with nefarious gambling entities. This type of thinking is quite archaic, and especially with the invention of eWallets, cryptocurrencies, and the likes, it will not surprise us when South Africa, and countries just like it, will soon take another look at their stance when it comes to casino online gambling, and move to making it a legal and regulated industry instead.
Read Also
Gambling in South Africa is regulated by the National Gambling Act 7 of 2004 (“NGA”). This act sets out which types of gambling would be allowed such as casinos, sports betting and gaming machines.
Online Gambling Illegal In South Africa Today
The NGA did not legalise online gambling but in 2008 the National Gambling Amendment Act 10 of 2008 was signed into law by the President but never implemented in light of increasing concern about the social impact of online gambling and in light of pressure from anti money laundering authorities.
Online gambling remains illegal in South Africa and this was confirmed by a Supreme Court of Appeal decision in the matter of Casino Enterprises v The Gauteng Gambling Board (653/10)
[2011] ZASCA 155 (28 September 2011). Here the court concluded that persons in South Africa who gamble online contravene the provisions of sections 8 and 11 of the NGA and sections 76 (2) of the Gauteng Gambling Act 4 of 1995.Online sports betting, online horse race betting and the business of bookmaking is lawful in South Africa, provided that the person conducting such business has a provincial bookmaker’s licence.
Dingley Marshall Lewin can assist with gaming, gambling and betting law in South Africa. We have advised international online and domestically based bookmakers and software providers to bookmakers. In addition we can assist with the following matters, amongst others:
Online Gambling Illegal In South Africa 2020
- legislative and regulatory compliance within the gaming and betting industry
- gaming license applications and renewals
- collection of supporting information for submission with application
- compilation of probity related information
- PAIA applications for the determinisation of ownership of a gambling, betting or racing website
- drafting of objections to 3rd party license applications duly advertised in the media as part of the application process
Online Gambling Illegal In South Africa 2019
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