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.
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)  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 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:
- 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