Online gambling remains illegal in South Africa

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Known for its natural beauty and diverse people, South Africa proudly boasts one of the fairest constitutions in the world. The problem, however, is can be that of implementation sometimes. Where this seemingly pristine constitution is severely lacking, is under the controversial topic of online gambling.

South Africans are no strangers to gambling. It is estimated that one in ten South Africans engages in the practice. Furthermore, it is estimated that up to R150 is spent per month by South African gamblers, which is significant considering the nation’s fleeting median wage. When it comes to gambling’s online form in South Africa however, players are warned to not go anywhere near online casinos, because strangely, online gambling remains illegal in the “Rainbow Nation”.

Gambling in South Africa is regulated by the National Gambling Amendment Act of 2008, which is implemented and enforced by the National Gambling Board, the nation’s reigning authority on all things wagering.

What makes the state of online gambling legislation so obscure is its failed attempts to legalize the practice. For much of South Africa’s brief history as a nation, gambling has been illegal.

This changed in 1996 with the formation of an infant National Gambling Act and the establishment of the aforementioned National Gambling Board that was tasked with creating norms and standards as well as regulating the then underground gambling industry.

In 2004, the law was revised, and then again in 2008. In 2004, the National Gambling Board assured that they would begin looking into the establishment of multiple frameworks to begin regulating several forms of gambling, including online. The NGB went as far as establishing a committee to look into the matter.

The amendment act of 2008 even saw the law being signed in by the president in July but was never given a commencement date, according to media reports. The hope that filled so many eager gamblers began fading as the years passed, and now it has been over a decade since the law was signed in without any mention of commencement.
As it stands in South Africa, the only forms of legal online gambling are sports betting and horse racing betting through licensed betting sites, as well as fixed-odds contingency betting, whereby punters have no influence on the commencement of a given event.

Online gambling, in the forms of poker, casino games, and bingo is strictly forbidden and is an offense punishable with up to R10 million ($679 510.00) in fines or 10 years imprisonment. This law applies to operators, the banks who oversee the transfer of these illegal online gambling winnings, as well as players.

In a recent continent-wide iGaming conference, Lee Zama, Board Member of the Tourism Grading Council of South Africa mentioned four core tenets that the process of legalizing potential practices is based off of, which apply to the legalization of online gambling.

They include safety, ensuring players are safe and have the support they need if they engage in problem gambling; policing which focuses on insurance from gambling operators that they will step up and allow the government easy access to regulate their dealings; economic significance and what government stand to gain from regulating the activity, from a taxation perspective; and lastly, equity regarding fairness and equal accessibility.

As of now, there is plenty of work, resources, and energy that would need to go into regulating the currently unlawful online gambling industry. Plenty of online casinos exist and operate precariously beyond the bounds of the law, but would relish the opportunity to gain a more favorable footing in the eyes of the constitution.

Source: devdiscourse.com