Gambling laws in South Africa

Yes, National Gambling Act 7 of 2004 (“NGA”).

Each province also has its own provincial gambling act (“PGA”).

Pending legislative amendments will regulate online gaming in detail. At present, online gambling is subsumed within general gambling regulation. 

National Gambling Board (“NGB”)

Each province has its own Provincial Gambling Board (PGB) and Provincial Licensing Authority.

The National Gambling Regulations,2004, as amended, (“NGR”) which were promulgated in terms of section 87 read with Item 8 of the Schedule to the NGA, set out a clear licensing and regulatory framework pertaining to gambling.

The NGR contains three chapters which regulate, inter alia

• prohibited gambling, restricted activities and status of gambling debt;
• gambling premises;
• registration and certification of machines and devices;
• licensing of persons employed in the gambling industry;
• national licences; and
• licensing norms and standards

In terms of section 30 of the NGA, each PGB has exclusive jurisdiction to issue provincial gambling licenses.

Each PGA has rules setting out the licensing process, criteria, submission requirements, conditions ,and ongoing compliance requirements.

No.

No.

No.

No.

Yes. Chapter 3 of the NGA and the relevant provincial legislations (e.g., Mpumalanga Gambling Act,1995).

Yes. Lotteries Act 57 of 1997.

No.

Yes, Protection of Personal Information Act 4 of 2013 (“POPIA”).

Partial extra-territorial application in terms of s 3(1)(b)(ii) of POPIA.

Yes, the Information Regulator (South Africa) established in terms of section 39 of POPIA.

Yes. Permission must be sought from the South African Reserve Bank for each transaction.

Yes.

There may be, depending on circumstances.