There is no denying that the growth and popularity of online gambling within South Africa has exploded in recent years, and rightfully so, with Africa being such a large mobile centric market it was only a matter of time before established, predominantly land based casino's turned their attention to offering convenient, fast and instant online gambling services to the South African players. The result of this shift has meant a flurry of top gaming portals and services from which local players can now pick and choose.
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The question however on many players minds still remains:
'Is online gambling illegal in South Africa?'.
Online Casino and Gambling Laws in South Africa Gambling is not a new phenomenon in the world and it has become a multi-billion dollars industry over the years. With that, there are lots of casinos around the world both land-based and online as well as a ton of players patronizing each establishment. Online Casinos South Africa Complete list of South African casinos Play casino games in the best ZA casinos! THE LEGAL STATUS OF ONLINE GAMBLING IN SOUTH AFRICA Is SA online gambling legal? This is probably one of the most frequently asked questions in the country and many may have found themselves wondering whether playing their favourite games is a move that could see them facing a hefty fine or worse, jail time. The History of Gambling Law in South Africa Gambling has had a long history of restrictions in South Africa. The 1965 Gambling Act, officially made all forms of betting illegal, except for horse racing which was considered a sports activity. The Best South Africa Online Casinos – The Top 2020 Casino Sites for South African Players. When you are looking for the best online casinos in South Africa, you will come across a lot of misleading or downright false information. Right at the start of this page, let us make it clear that there are no legal South Africa online casinos.
Our team here at Slotzar pride themselves on providing the most up to date and accurate information pertaining to the world of online gambling, so we scoured the net in search of the answers to put your mind at ease.
South African Gambling Regulations
First things first, let's start at the very top, It's good for you to know exactly who regulates the Gambling industry in South Africa. In South Africa we have in place a board known as the National Gambling board or NGB.
The NGB was started off the back of the passing of the 1996 National Gambling Act and really their main responsibility is to oversee the regulation and integrity of the gambling industry within South Africa, this includes the acts of evaluating and issuing of national licenses, compliance monitoring of these licenses, and the monitoring and detection of any unlicensed gambling activity. Now that we know who regulates things from a South African gambling perspective, let's take a small step back to give you a bit more context.
South Africa's Gambling History
The best way to understand something is to go back to the very beginning right?. In South Africa this goes as far back as 1673, when gambling was originally restricted by the Dutch settlers. You'll be pleased to know that things have progressed since then, slightly murky progressions but progression none the less. In 1965 things became somewhat more formal, the department of trade and industry officially released what is known as The Gambling Act of 1965, this piece of legislation pretty much banned all forms of gambling except for betting on horse racing, which is considered, and still considered to this day to be classified as a sport.
1970 arrived and this was really a defining year for gambling in South Africa, land based casinos suddenly started operating on the down low in the bantustans (also then known locally as the homelands), this included Bophuthatswana, Ciskei, Transkei and Venda.
At that point in time it was really just a bunch of small rooms offering a couple of slot machines, and seeing as there was such a racial divide in the country at the time no one really bothered to take notice. The amazing thing is that this very low key start suddenly caught wind and by 1995 an estimated 2,000 illegal casinos were believed to be operating within the country.
Democracy to the rescue
When South Africa established its democratic status in 1994, the Lotteries and Gambling Board published an interim report which expressed a view that 'the Gambling Act, 1965 (Act No. 51 of 1965) that was currently in effect no longer reflected the true moral viewpoint of the majority of South Africans and that the Government shouldlegalise lotteries and gambling in the Republic of South Africa', it was on the basis of this that the South African government took a decision to allow legalised, but regulated and licensed gambling in the country, legalised and regulated being the key words here.
The rise of the NGB
In 1996 South Africa looked to progress things slightly more and as a result they created a uniform structure and adherence of gambling in the country, the result of this is the National Gambling act of 1996which was officially passed, the act stated that a total of 40 licenses across South Africa's provinces would be issued allowing casinos and a national lottery to legally operate, if they obtain the relevant license of course.
It was also at this time that the National gambling board of South Africa was created, with the purpose of supervising and regulating the industry.
Illegal Online Gambling
There is a slight plot twist though, in 2004 The national gambling act of 2004 was suddenly introduced and its position instantly replaced the original act of 1996, the basis of the new act was built on the idea of protecting the public against the adverse effects of gambling, it also looked at means to contribute to infrastructure development in rural communities and finally limit, control and monitor possible proliferation of gambling and illicit gambling activities in South Africa.
The biggest change to this new act was the clause stating that interactive gambling (or online gambling) was now officially recorded and subsequently deemed illegal by all means within the borders of South Africa.
South Africa's current gambling status
Sun City South Africa Casino
2018 saw the final changes to the stance of online gambling in South Africa, certain clauses and sections stated in the National Gambling Act of 2004 were modified by way of the National Gambling amendment bill of 2018. The summary of the bill states that only sports betting is deemed to be legalised in South Africa, this includes horse racing.
Online Gambling South Africa
Government at this stage also then took a decision to also allow legalized and regulated land based gambling in South Africa, given that the operated upheld the relevant license documentation.
In terms of interactive gaming (online gambling) however, section 11 of the gambling act 2004 issued by the NGB still remains firm, it states that:
'A person must not engage in or make available an interactive game except as authorised in terms of this Act or any other national law'.
There is a slightly grey area to the clause though, you see the act states interactive gaming may not be provided or made use of by any persons within the borders of South Africa, which is more focused on the online casino and less on the players themselves.
The grey area comes in that the government has no real means nor sufficient resources required to fully regulate the operations of all interactive gaming/gambling services marketed to South Africans, so the loophole is that many of these casinos will simply set up shop via offshore servers (the business is located outside of South Africa) and target South African players from there, this explains why many offshore casinos have continued to make available gambling services to South African players without any hassle.
The Verdict
Our verdict is simple, make sure to stick to the reputable, well recognised and track proven Casinos, there has only ever been one incident recorded regarding unlawful gambling activity and that was Piggs Peak casino out of Swaziland, so in our opinion you have very little to worry about if you are already playing or are looking to play online. If you are unsure though of who to trust then visit ourCasino reviews section for a full detailed breakdown.
Until relatively recently, online gambling law was quite a grey area in South Africa. The main reason for this was that the relevant laws and statutes covering gambling were not up to date in terms of these new forms of gambling made possible by the Internet. So online gambling and poker became popular among South Africans. The most well-known 'local' online casino, Piggs Peak (situated in the neighbouring territory of Swaziland), offered both online casino gambling and online poker to South African players. It flourished for a good few years.
South African Gambling Regulations
First things first, let's start at the very top, It's good for you to know exactly who regulates the Gambling industry in South Africa. In South Africa we have in place a board known as the National Gambling board or NGB.
The NGB was started off the back of the passing of the 1996 National Gambling Act and really their main responsibility is to oversee the regulation and integrity of the gambling industry within South Africa, this includes the acts of evaluating and issuing of national licenses, compliance monitoring of these licenses, and the monitoring and detection of any unlicensed gambling activity. Now that we know who regulates things from a South African gambling perspective, let's take a small step back to give you a bit more context.
South Africa's Gambling History
The best way to understand something is to go back to the very beginning right?. In South Africa this goes as far back as 1673, when gambling was originally restricted by the Dutch settlers. You'll be pleased to know that things have progressed since then, slightly murky progressions but progression none the less. In 1965 things became somewhat more formal, the department of trade and industry officially released what is known as The Gambling Act of 1965, this piece of legislation pretty much banned all forms of gambling except for betting on horse racing, which is considered, and still considered to this day to be classified as a sport.
1970 arrived and this was really a defining year for gambling in South Africa, land based casinos suddenly started operating on the down low in the bantustans (also then known locally as the homelands), this included Bophuthatswana, Ciskei, Transkei and Venda.
At that point in time it was really just a bunch of small rooms offering a couple of slot machines, and seeing as there was such a racial divide in the country at the time no one really bothered to take notice. The amazing thing is that this very low key start suddenly caught wind and by 1995 an estimated 2,000 illegal casinos were believed to be operating within the country.
Democracy to the rescue
When South Africa established its democratic status in 1994, the Lotteries and Gambling Board published an interim report which expressed a view that 'the Gambling Act, 1965 (Act No. 51 of 1965) that was currently in effect no longer reflected the true moral viewpoint of the majority of South Africans and that the Government shouldlegalise lotteries and gambling in the Republic of South Africa', it was on the basis of this that the South African government took a decision to allow legalised, but regulated and licensed gambling in the country, legalised and regulated being the key words here.
The rise of the NGB
In 1996 South Africa looked to progress things slightly more and as a result they created a uniform structure and adherence of gambling in the country, the result of this is the National Gambling act of 1996which was officially passed, the act stated that a total of 40 licenses across South Africa's provinces would be issued allowing casinos and a national lottery to legally operate, if they obtain the relevant license of course.
It was also at this time that the National gambling board of South Africa was created, with the purpose of supervising and regulating the industry.
Illegal Online Gambling
There is a slight plot twist though, in 2004 The national gambling act of 2004 was suddenly introduced and its position instantly replaced the original act of 1996, the basis of the new act was built on the idea of protecting the public against the adverse effects of gambling, it also looked at means to contribute to infrastructure development in rural communities and finally limit, control and monitor possible proliferation of gambling and illicit gambling activities in South Africa.
The biggest change to this new act was the clause stating that interactive gambling (or online gambling) was now officially recorded and subsequently deemed illegal by all means within the borders of South Africa.
South Africa's current gambling status
Sun City South Africa Casino
2018 saw the final changes to the stance of online gambling in South Africa, certain clauses and sections stated in the National Gambling Act of 2004 were modified by way of the National Gambling amendment bill of 2018. The summary of the bill states that only sports betting is deemed to be legalised in South Africa, this includes horse racing.
Online Gambling South Africa
Government at this stage also then took a decision to also allow legalized and regulated land based gambling in South Africa, given that the operated upheld the relevant license documentation.
In terms of interactive gaming (online gambling) however, section 11 of the gambling act 2004 issued by the NGB still remains firm, it states that:
'A person must not engage in or make available an interactive game except as authorised in terms of this Act or any other national law'.
There is a slightly grey area to the clause though, you see the act states interactive gaming may not be provided or made use of by any persons within the borders of South Africa, which is more focused on the online casino and less on the players themselves.
The grey area comes in that the government has no real means nor sufficient resources required to fully regulate the operations of all interactive gaming/gambling services marketed to South Africans, so the loophole is that many of these casinos will simply set up shop via offshore servers (the business is located outside of South Africa) and target South African players from there, this explains why many offshore casinos have continued to make available gambling services to South African players without any hassle.
The Verdict
Our verdict is simple, make sure to stick to the reputable, well recognised and track proven Casinos, there has only ever been one incident recorded regarding unlawful gambling activity and that was Piggs Peak casino out of Swaziland, so in our opinion you have very little to worry about if you are already playing or are looking to play online. If you are unsure though of who to trust then visit ourCasino reviews section for a full detailed breakdown.
Until relatively recently, online gambling law was quite a grey area in South Africa. The main reason for this was that the relevant laws and statutes covering gambling were not up to date in terms of these new forms of gambling made possible by the Internet. So online gambling and poker became popular among South Africans. The most well-known 'local' online casino, Piggs Peak (situated in the neighbouring territory of Swaziland), offered both online casino gambling and online poker to South African players. It flourished for a good few years.
Online Casino South Africa Lawyer
Then the situation changed, as the spotlight fell on this hitherto effectively unregulated industry.
The South African government promulgated the National Gambling Act of 2004, which made it illegal to engage in what it termed 'interactive gambling services' and the offering or advertising of these services for South Africans. By 'interactive' the law refers to Internet games. This covers both casino games and poker games, whether offered by operators inside South Africa or outside of its borders. But there is an important distinction that is identified.
While online casino and poker games were made unlawful, online sports betting and online horse race betting were specifically made legal. This is as long as the operator is fully licensed by one of the South African provincial gambling licensing boards. So, for example, the most popular South African sports betting website, SportingBet, is fully licensed by the Western Cape Gambling Board and operates completely legally inside the country. It is used by thousands of sports bettors every day.
In the meantime, however, Piggs Peak continued to offer both online casino and online poker, effectively under the impression that online gambling offered from an offshore location was not adequately covered in the Gambling Act. They took this all the way to the North Gauteng High Court in an effort to get a legal stamp of approval on their services, but were ultimately unsuccessful and were forced to bar South Africans from playing.
In concert with this, South African banks do not allow bank accounts and credit cards to be used to transfer funds to online casinos. However, it is still possible to do so using online banking methods such as NETeller or uKash, etc.
Online Casino South Africa
At the same time it was – and still is – recognised that online gambling is a huge industry that attracts many South Africans, and that the problem is not so much one of whether it should or should not be legalised, but more one of how to regulate it. To this end the National Gambling Amendment Act of 2008 was drawn up with a view to bringing it before Parliament in order to have online gambling legalised and regulated. The amendment attracted a lot of opposition from land-based casinos, for many of the same reasons as the situation in America, where these casinos feared losing customers and revenue to their online competition. The fact remains, thought, that there is currently legislation on the books and quite possibly in the pipeline that will make online gambling legal for South Africans.
Online Casino South Africa Law Enforcement
While the above is quite clear, there are of course plenty of overseas online casinos that offer online gambling to South Africans, and online payment methods that can be used. And there remains every possibility that online gambling will soon be legalised in the country, once the National Gambling Amendment Act of 2008 goes through Parliament and is signed into law.
Of course sports betting is fully legal for South Africans. At the moment betting on horse racing predominates, but as more sports betting websites emerge and broadband and mobile Internet access increases, this is likely to change, with a swing towards sports betting. South Africa is, after all, a sports mad nation.
Companies like PwC expect gambling activities and revenues to continue to grow, indicating that the country's appetite shows no sign of waning. And in the face of this, the legalisation and regulation of online gambling looks likely to follow shortly. This is especially buoyed by the realisation that in South Africa, as in the rest of the world, the most important factors are safe access and responsible gambling. Given that South Africans have ways of circumventing the laws, this becomes even more of an imperative.
In light of the widespread availability of online gambling and the Internet's ability to make national borders permeable, it appears to be in everyone's interests for the National Gambling Amendment of 2008 to become law, so that the industry can operate transparently, safely and responsibly for South African players. It has been reported by PwC that the South African government had plans to issue ten online casino gambling licences in the period around 2009, but this has obviously not happened yet. We await the next roll of the dice...
