SOUTH AFRICA Law and Practice Contributed by: Wayne Lurie, Lurie Inc
in 2.1 Online Gambling , online betting with a provin- cially issued bookmaker licence permits operators to accept bets online in all manner of contingency thus creating a thriving online gaming environment, which very often may even appear and function similarly to what is traditionally recognised as an “online casino”, dubbed “casino-style games”. Online betting vs online gambling – placing bets online with a licensed bookmaker is not considered unlaw- ful “online gambling” because the underlying activ- ity (betting on sports or contingencies) is regulated by provincial betting laws. As a result, the common understanding is: online sports betting and betting on contingencies is legal and online casino gaming is illegal, even though both occur via the internet. This nuance is critical and often misunderstood in media coverage. The Remote Gambling Bill 2024 – much like its pre- decessor in 2015, which was a private members’ bill ‒ seeks to clearly define online gambling in positive terms by creating categories of “remote gambling” that would be lawful under licence. Until such provi- sions are enacted, however, the operative definition remains the prohibition in the NGA and the allowance via provincial betting licences for online wagering. In enforcement terms, regulators use these definitions to target what they deem “unlawful interactive gambling websites” versus tolerated online betting services. 3.5 Key Offences Unlicensed Gambling Operations It is a criminal offence to operate any gambling activity without a valid licence or authorisation. This covers running an illegal casino, an online gambling site or an unregistered lottery. Assisting or facilitating unli- While enforcement focuses on operators, players who participate in illegal gambling are technically commit- ting an offence under the NGA as well. For example, a person gambling on an unlicensed online casino is breaching the law, though in practice authorities target the operators and may handle players by confiscating winnings rather than prosecution. censed gambling is also an offence. Participation in Unlawful Gambling
did not find their way into the Gauteng legislation, as they have in just about every other provincial statute. 3.3 Definition of Land-Based Gambling Each of the applicable statutes define gambling per type or licence, and reference should be made to the content in 2.2 Land-Based Gambling explaining these gambling types, and where more specific content is required, to the relevant statute itself. “Land-based gambling” is not a term explicitly defined in legislation, but it refers to all gambling conducted in person at a physical, licensed location. In practical terms, it encompasses casino gambling on a licensed casino floor, betting through a licensed bookmaker at a retail outlet or racecourse, playing bingo in a registered bingo hall, or using LPM slot machines in licensed sites. The defining aspect is the physical venue and face-to-face nature of the transaction (even if machines or terminals are electronic). Provincial laws often require a premises licence or approval for any location where gambling takes place, reinforcing the concept of “land-based.” For instance, a bookmaker must not only have a bookmaker opera- tor licence but also a separate licence for each shop location. Casinos are tied to specific sites and can- not relocate without new approvals. Thus, the legal framework ties gambling activities to designated land- based premises. In summary, land-based gambling is essentially all licensed gambling except online or remote gambling. It is characterised by regulatory controls over the premises (hours of operation, floor layout, and security measures) and immediate oversight by on-site offi- cials and regulators (eg, gambling board inspectors making random visits to venues). 3.4 Definition of Online Gambling The NGA defines an interactive game as a “gambling game played or available to be played through the mechanism of an electronic agent accessed over the internet other than a game that can be accessed for play only in licensed premises, and only if the licen- see of any such premises is authorised to make such a game available for play” and then proceeds to deem such to be unlawful. However, as mentioned
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