Gambling Laws In South Africa
- Employment Laws In South Africa
- What Is The Law On Gambling
- Gambling Laws In South Africa
- Gambling Regulations South Africa
Since before South Africa became a republic, gambling in most forms was banned. While the laws have changed significantly, it is certainly not a free for all, however, gambling in and of itself is no longer illegal. Gambling in land-based establishments in South Africa is legal and regulated. For many years, South Africans traveled outside of the legal borders of South African in order to go to a casino. With the changes in the gambling law, this is no longer necessary. Online gambling in South Africa is still illegal at this time.
It can be quite confusing for people living in South Africa in regards to whether they can gamble online legally or not, for whilst it is legal to gamble at for example online betting sites that have a gambling license issued in South Africa there are many online gambling sites offering their services to all citizens and residents based throughout the nation. An important topic in the news, all over the world and particularly so in South Africa. Some are for gambling and the benefits it can bring to a country, while other countries see the importance of restricting gambling to protect the people from gambling addiction and losing money. The 1965 Gambling Act saw horse racing become legal in South Africa but other games were completely banned. The National Gambling Act of 2004 prohibits online gambling and in August 2010, online gambling via offshore servers was also banned in South Africa. In September 2011, the South African government made it clear that operators were banned from offering online gambling services to. It can be quite confusing for people living in South Africa in regards to whether they can gamble online legally or not, for whilst it is legal to gamble at for example online betting sites that have a gambling license issued in South Africa there are many online gambling sites offering their services to all citizens and residents based throughout the nation.
SA'S GAMBLING ACT OF 1965
The South African Gambling Act of 1965 ruled gambling as illegal. Gambling, such as horseracing, was legal. The reason for this is because horseracing is considered a sport. In the 1970s, there were a number of illegal casinos created, with the number rising until there were about 2,000 illegal casinos in the mid 90s. Along with the change from a conservative government to a democratic one, the gambling laws were updated in 1994. At that time, gambling was legalised. In 1996, South Africa introduced a national lottery and regulated and licensed casinos.
CHANGES TO THE GAMBLING ACT IN 2004
In 2004, the 1996 Act was repealed, and the National Gambling Act of 2004 came into effect. While land-based gambling was still allowed, online gambling was no longer considered legal. Again, sportsbetting, even if it was done online, was still considered legal. While online gambling is illegal, the emphasis and main responsibility seems to lie with the gambling operators and the financial institutions. To date, no individuals have been prosecuted for playing at online casinos.
GAMBLING LAW TODAY
In 2008, there was an attempt to legalise and regulate the online gambling market in South Africa, however, since there was strong opposition, the Act has not yet been accepted as law. In 2010, the North Gauteng High Court issued a ruling that gambling transactions though both local and offshore operators is illegal. While both players and operators are fully aware of this law, there are still many casino choices open to South African players.
Those who choose to play at online casinos should make sure that the casinos are safe and secure, and have a good reputation. Although the online casinos will not be licensed in South Africa, it is important to choose a casino that is fully licensed in a recognised gaming jurisdiction.
Many of the online casinos that still offer their sites to South African players will offer players the chance of playing in South African Rands (ZAR), and thereby avoiding exchange rate fees. Many casinos also offer a special Welcome Bonus or free money offer to those who are located in South Africa. In addition to this, players should keep an eye open for an online casino with top notch Customer Support team. Customer Support is available 24 hours a day, with many support teams offering a South African toll free telephone number.
There are lots of things us South Africans do really well but simplicity isn’t one of them! So it’s no surprise then that the laws and regulations about poker in ZA are a bit confusing.
When you’re trying to understand something that’s murky and complex, the beginning is always a good place to start. It’s also simpler if you look at the laws governing offline and online poker separately.
Carry on reading to find out about the start of South Africa’s poker laws, where they stand right now and most importantly, whether you’ll be arrested for playing a few hands down at the bar or at an online poker site.
Online Poker
It depends where you look for the facts but according to all the most trusted poker industry sources and public government information, (http://www.justice.gov.za/sca/judgments/sca_2011/sca2011-155.pdf) , gambling at online poker websites operating from South Africa is completely illegal for South Africans.
Employment Laws In South Africa
So why do some people talk about playing legal poker online from SA? Are they crazy? Hold tight, this is where it starts to get confusing.
While the South African government has now clarified its position on online poker, the reality is that the existing Internet gambling laws are aimed at frightening gambling operators out of the market, not at actual poker players. No real money Internet poker player in South Africa has ever been prosecuted and that’s why South African’s keep flocking to legal international online poker rooms.
The National Gambling Act: Reinvented
Until fairly recently the National Gambling Act of 2004 was literally the only piece of legislation crafted to deal with online gambling (or interactive gambling as the government calls it). It stated that it was illegal to offer or engage in online gambling games.
In 2008 online poker was still being played up and down the country, so the government decided they may as well get in on the revenues. The National Gambling Amendment Act of 2008 was then published with the aim of legalising and regulating the online poker market. Unfortunately, later in the year of 2008 many offline, land-based casinos in SA teamed up with anti-fraud protective agencies to argue against the introduction of the new, more relaxed rules.
The casinos did this because they didn’t want all their customers going to spend their gambling Rand online instead of at their poker tables and slot machines. The anti-fraud authorities opposed it because it would mean there would be a whole new arena for them to search through and the responsibility of overseeing all online poker transactions sounded a bit too much like hard work!
The final blow for legal online gambling in South Africa came in the summer of 2010. Online gambling at international gambling sites based outside of SA was banned too. This time they didn’t just aim the law at operators either, the government promised to punish the players themselves too.
Luckily for poker fans, the government did a terrible job of outlining what counts as ‘gambling’ and so poker is currently back and fighting fit. Online poker has returned to its good old grey home where no one has nailed down the law and no player has ever been fined.
But wait, there’s more! In mid January 2021 a member of the South African parliament called Geordin Hill Lewis brought the whole thing back up again. He wanted the government to take another look at regulating the online poker market by settling on a final version of the National Gambling Amendment of 2008 which had been left abandoned.
In February 2021 Hill Lewis introduced his Remote Gambling Act to parliament.
What Is The Law On Gambling
The Remote Gambling Act is still being discussed and poker players around SA are holding their breath. They could be holding it a long time though, because here’s what a Department of Trade and Industry representative had to say to South African Independent Online News, “In our view no amount of control will adequately curb the harm that may be caused to South African citizens by online gambling, hence we reiterate that it must remain a banned activity.”
Legal Land-Based Poker In SA
There are around 40 land-based casinos or poker rooms with legal poker tables in South Africa and each offline gambling venue must have the correct licenses to operate in the province they are based in.
Playing poker for real money, against friends, in the comfort of your own home or even on the beach is illegal but it is not heavily policed.
To Recap
Gambling Laws In South Africa
Online poker is not clearly illegal in South Africa, as long as you play at an international poker website. We can show you the best international poker websites for you to play at from South Africa, so make sure you check out our reviews page.
Gambling Regulations South Africa
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