Gambling Laws In South Africa

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What is GRAF

Gaming Regulators Africa Forum protects communities and citizens through the adherence of gaming regulatory laws applicable to each member state. It aligns matters that affect this industry and ensures that Africa and the sub Sahara does not become dumping grounds for old and degenerating gaming technologies. It implements initiatives that are aimed at curbing problem gambling and ensures counselling and education for the affected.

  • Gambling in South Africa has been heavily restricted since 1673, with South Africa's Gambling Act of 1965 officially banning all forms of gambling except betting on horse racing which existed as a sporting activity.
  • It is comprised of national gambling regulators from the African Continent, specifically from Botswana, Kenya, Malawi, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. Gaming regulators perform their duties under their respective laws, regulations and requirements.
  • While South Africa as a country has a complicated history covering the good times and the sad times, the history of gambling laws in South Africa is rich with context and interesting changes throughout many hundreds of years, which is just as you’d expect from a country with so much culture and history.
  • Gambling is legal in South Africa, but the government prohibits the use of online betting sites. The only acceptable gambling sites are those which offer sports bets. You can still place bets on international gambling sites since the government does not usually target individual gamblers.

In 1965, South Africa got a new ban on gambling, but this time on paper. It was in the form of the Gambling Act that made all sorts of gambling illegal, only leaving horse racing out of the equation. Land Casinos Start Popping Up.

Gambling Laws In South Africa Coronavirus

In order to mitigate the challenges faced by African gaming regulators, GRAF has already formed sub-committees that handle issues of Education and Training and Technology and Illegal Gambling. Activities of this Forum are guided by a strategic plan which is endorsed by all member states and implemented through the sub committees. The strategy is reviewed annually at Annual General Meetings.

Facts about GRAF

  • Its inaugural conference was held from 21-21 February 2003, Meropa Casino, Polokwane, Limpopo, South Africa.
  • Countries that have hosted the GRAF conferences are: Botswana, Kenya, Malawi, South Africa and Swaziland.
  • It is comprised of national gambling regulators from the African Continent, specifically from Botswana, Kenya, Malawi, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.
  • Gaming regulators perform their duties under their respective laws, regulations and requirements.
  • Membership is open to all gambling jurisdictions on the African continent.
  • Each member jurisdiction carries one voting right at GRAF meetings and AGMs.
  • Chairmanship takes place on a rotation basis.
  • The permanent secretariat of the GRAF resides in South Africa.
  • Any other state wishing to take up membership may apply through the secretariat.
  • Non-members, inclusive of any other person or organization sharing the same vision/interests are invited to the GRAF as invitees.
  • No subscription membership fees apply.

Member states

Botswana
Ghana
Kenya
Malawi
Mozambique
Namibia
Seychelles
South Africa
Swaziland
Tanzania
Uganda
Zambia

Gambling Laws In South Africa Continent

Africa
Zimbabwe

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.

Gambling Laws In South Africa

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.

Gambling Laws In South Africa

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:

    • 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

South Africa Laws

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