GHANA Law and Practice Contributed by: David Yaw Danquah, Legalstone Solicitors PRUC
Other relevant legislation includes: • Companies Act 2019 (Act 992); • Ghana Investment Promotion Centre Act 2013 (Act 865); • Anti-Money Laundering Act 2020 (Act 1044); • Labour Act 2003 (Act 651); • Data Protection Act 2012 (Act 843); • Fees and Charges (Miscellaneous Provisions) Act 2022 (Act 1080); and • Fees and Charges (Miscellaneous Provisions) Regulations 2023 (LI 2481) Even with the above substantive legislation and regu- lations, the Gaming Commission is mandated to issue guidelines for the conduct of games of chance. The most recent are the guidelines on advertisement. These guidelines have the binding force of law, and industry players are mandated or obliged by the law to enforce the same regarding their operations. 3.2 Definition of Gambling Gambling generally encapsulates all games of chance. Under Act 721, a game of chance includes a game other than the lottery in which participants, in anticipa- tion of a win, receive a reward on the game’s results, which depends on luck and cannot be determined before the end of the game. Act 721 has the following specific definitions for com- ponents of games of chance. • Betting – this means an arrangement to risk money or another valuable thing on an event with a doubt- ful result. • Casino – this means a building or part of a building to which members of the public authorised by the licensee have access for the purpose, among other things, of playing specified games of chance. • Banker – in relation to a game, this means the banker or other person by whom the game is man- aged or against whom players stake, play or bet. • Horse race – this means a horse race held on a racecourse or track which the board of the Gam- ing Commission has given authority by notice published in the Gazette for the conduct of horse racing.
• Stake – this includes any payment for the right to take part in a game and any other form of payment required to be made as a condition of taking part in a game but does not include a payment made solely for facilities provided for the playing of a game. 3.3 Definition of Land-Based Gambling There is no legislative definition for land-based gam- bling in Ghana. Act 721 makes no specific reference to land-based gambling. Generally speaking, a licensed operator for a game of chance can establish a physi- cal presence (betting shops) without any jurisdictional limitations. 3.4 Definition of Online Gambling In a similar view, Act 721, which establishes the Gam- ing Commission, makes no reference to online gam- bling in Ghana. That notwithstanding, many operators within the casino and sports betting space operate via online mechanisms, allowing players to participate through internet connectivity, with payment made via online payment platforms in Ghana. Predominant among them is MTN Mobile Money. 3.5 Key Offences Act 721 establishes general offences and penalties in relation to a licence. It prohibits the operation of a game of chance without a licence. It states, among other things, that a person who operates a game of chance at a club which is not a casino without a valid licence to do so commits an offence and is liable on summary conviction to a fine of not less than 1,000 penalty units or imprisonment for a term of not less than three years or both. In essence, unlicensed entities do not have the right under the law to offer game-of-chance services in Ghana. 3.6 Penalties for Unlawful Gambling Depending on the offence committed, penalties imposed by Act 721 range from fines to imprison- ment. Additionally, the Gaming Commission has the right to revoke licences granted. For instance, where an unlicensed operator operates a casino within the jurisdiction of Ghana, each director of the company is liable to the penalty provided in Act 721 (see 3.5 Key
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