Nozipho Mvulane
Legal Forms of Gambling
South African law recognizes several lawful gambling activities. Below is a limited list of the activities that are recognised by the National Gambling Act 7 of 2004 (National Gambling Act). It is the primary legislative framework governing the legalities, licensing, and oversight of all gambling activities in South Africa. It establishes uniform norms and standards across all nine provinces, balancing economic growth with social protection.
Since 2020, online gambling has exploded in South Africa. There are various forms of gambling that are recognised by the law.
Casino Gambling
Casino licenses are limited in number and issued by provincial authorities. Licensed casinos are permitted to offer:
- Slot machines
- Roulette
- Blackjack
- Poker
- Baccarat
- Craps
- Electronic gaming machines
Sports Betting
Online sports betting is generally lawful when conducted through licensed operators. Licensed bookmakers may accept wagers on:
- Football
- Rugby
- Cricket
- Horse racing
- Tennis
- Motorsport
- International sporting events
- Virtual sports (where permitted)
Horse Racing
Horse racing betting remains a regulated sector involving bookmakers, totalisators (tote betting), and racecourse operators.
Bingo
Traditional and electronic bingo may be offered by licensed operators subject to provincial approval.
Limited Payout Machines (LPMs)
LPMs allow low-stakes gambling outside casinos in licensed venues such as restaurants, clubs, and pubs. The maximum stakes and payouts are prescribed by regulation.
Online Gambling
South Africa distinguishes between online betting and online casino gambling.
Online Sports Betting
Online sports betting is generally lawful if offered by operators licensed by a South African provincial gambling authority.
Examples include betting on:
- Sporting events
- Horse racing
- Fixed-odds betting
Online Casino Gambling
Online casino gambling remains largely prohibited under South African law.
This prohibition generally extends to:
- Online slot machines
- Online roulette
- Online blackjack
- Online poker rooms
- Live dealer casino games
Many offshore gambling websites accept South African customers despite the legal uncertainty. However, such operators are not licensed under South African law and are generally considered unlawful from a regulatory perspective.
Conclusion
The National Gambling Act has outlined the gambling activities that are lawful and their requirements. Any activities that fall outside of it, can be deemed unlawful. It is important to register as an entity for any activities that may be deemed gambling. It is also important to report any aspects that may fall under it.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
