GHANA Law and Practice Contributed by: David Yaw Danquah, Legalstone Solicitors PRUC
mined before the end of the game, pay money for the right to participate in the game. Essentially, a licensed operator for a game of chance can operate via an online platform in Ghana. 2.2 Land-Based Gambling The commercial operation of a game of chance (sports betting, route operations, and casino) can be under- taken via land-based means. A licence granted by the board of the Gaming Commission allows an operator to operationalise its betting activity utilising an immov- able fixture or place (physical presence). Sports Betting The laws of the Republic of Ghana allow the placing of bets in sports competitions. Aside from casinos, sports betting operations are predominantly the major game of chance operated in the country. Currently, about 23 licensed sports-betting companies are legal- ly operating in Ghana. However, in all about 73 com- panies have been registered and licensed to offer vari- ous games of chance, including casino businesses, sports betting, route operation (slot machines), and remote interactive games. The following games of chance fall under the jurisdic- tion of the Gaming Commission of Ghana: • casino; • sports betting; • route operation (slot machines); • remote interactive games; • promotional gaming (game of chance); • betting in horse racing; • scratch cards; and A casino is classified as a game of chance and is licensed under Section 16 of Act 721. A licensed casi- no shall operate as a club to the exclusion of certain persons, including the following: • a child; • a member of the judiciary, including a person in any way serving in a judicial capacity; • member of the armed forces; and • bingo. Casino
• a member of the public services, including the police, and services with a regional administration or district assembly. The board is mandated under the Act to impose addi- tional terms and conditions regarding the application for the grant of a licence for a casino under the Act. Gambling Machine The Act does not define what constitutes a gambling machine. However, it grants permission to a person other than the National Lottery Authority with the prior consent of the Board to import a gambling machine into the jurisdiction for a game of chance. A licence issued by the Board shall allow a person to operate a gambling machine for a game of chance in Ghana. A permit is valid for 12 months from the date of issue and may be renewed on payment of an annual fee determined by the Board in consonance with the enacted laws on fee. Lottery The operation of lottery in Ghana is regulated under a separate enactment. The National Lotto Act, 2006 (Act 722) governs Ghana’s lottery. Act 722 establishes the National Lottery Authority responsible for regulating, supervising, conducting and managing the national lottery. The key pieces of legislation governing lottery are as follows: • National Lotto Act, 2006 (Act 722); • Veterans Administration, Ghana Act, 2012 (Act 844); and • Lottery Regulation, 2008 (L.I 1948).
3. Legislative Framework 3.1 Key Legislation
The key legislation governing/regulating the game of chance in Ghana is Act 721. The law sets out the legal framework for operationalising games of chance other than the lottery and provides for ancillary matters con- cerning the gaming industry.
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