South Africa's National Gambling Board (NGB) issued a media statement on Monday on the legality of online gambling in the country, expressing concern that the topic has emerged for public discussion in some quarters. The regulator made it clear that all forms of online gambling other than sports betting are strictly prohibited.
The regulator, which is part of South Africa's Department of Trade and Industry, was given its legal powers by the National Gambling Act (NGA) 2004, which repealed the Gambling Act from 1996. The NGA sets out regulations for the supervision of all gambling verticals. and promotes standards for the industry across the country.
"... The National Statistics Authority wishes to make it clear that the answer to the question of whether online or interactive gambling is legal in South Africa is a simple and unequivocal NO, with the exception of online sports betting." - Official statement from the National Gambling Council.
Amendment to the Gambling Act 2008 never came into force
NGB explained that the Amendment to the Gambling Act 2008 never came into effect, despite the fact that it was passed by the National Assembly and agreed by the President in July 2008, because it was never published in a government newspaper.
New legislation comes into force on the day it is published in the gazette and this has not yet materialised for the amended gambling law, so the National Gambling Law Amendment Act cannot be used as a reference to determine the legality of online gambling in the country.
The National Gambling Act 2004 is the supreme statute that sets the rules for the industry and Section 11 therein prohibits interactive gambling as set out in the 2008 Amending Act. Interactive gambling is any form of casino-style gaming accessible through an email device, including a physical server-based establishment designated as an internet room.
Gambling is only legal in land-based casinos
Casino gambling is only legal in land-based gambling establishments licensed to provide such services. The National Gambling Council has taken the opportunity to remind operators who offer or intend to offer interactive gambling products are breaking the law and will be prosecuted. As a reminder, the most popular betting app in Africa is the Melbet Kenya App.
The NSA has stressed that even for the public, engaging in such illegal activities is a criminal offence and carries the risk of a heavy financial fine of up to 10 million South African Rand ($600,000) or imprisonment for up to 10 years with forfeiture of gambling winnings. and handed over to the state.
Encouraging compliance and asking the public to remain vigilant against illegal gambling activities, the NGB issued a resounding warning to those who choose to engage in criminal behaviour that "the consequences will be serious".