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Update on Legal Landscape of Online Casino Gambling in SA

Talk over the future of possibly legalized online casino gambling in South Africa is soaring, with legislators and other industry majors going head to head on what they believe to be ‘constitutional' for the country. Find out the latest legal news, and whether or not promises to invest in the market are applicable.

Much talk has been revolving around the recent vow of online casino gambling industry giants to invest in business operations in South Africa. With the country's online gambling laws becoming more and more accommodating, their declarations are becoming increasingly relevant. Or are they?

Despite that there is still no definite law legalizing online casino gambling in South Africa, under the current National Gambling Act, the forthcoming passing of the National Gambling Amendment Bill is likely to bring with it a dramatic turn around in the current situation. The bill has already been approved by the National Assembly, and only the approval of the National Council of Provinces is pending its go ahead. Part of the bill will include safer conditions for online casino gamblers in South Africa who currently face up to R 10 million in fines or up to 10 years imprisonment.

Yet the passing of the Bill has hit a bump in the road with the unresolved questions surrounding online casino advertising still looming. The debate of advertising issues have caused a major delay in the road to regulation, the fault of which can easily be attributed to the National Council of Provinces (NCOP), who recently amended the Bill to include a complete prohibition of online casino advertising in South Africa.The NCOP is firmly opposed to the idea of online casino gambling, yet alone online casino advertising.

The decision came as somewhat of a shock, since most forms of casino gambling are legalized in the country, and also manage to bring it close to R14 billion each year, which no doubt greatly helps the South African economy. The Bill defines mobile and online casino gambling as “Interactive” gambling, and only last year was willing to regulate it rather than ban it. This was, after all, its main intention. The reason it was initially banned in 2004 was for the purpose of gathering research on how to regulate and tax the online casino sector, which at the time was on a steady rise.

According to Les Labuschagne, the Democratic Alliance Member of Parliament, the committees believes that “there is no hurry” to finalize the legislation. He explained that some members of Parliament are even opposed entirely to gambling, and are not liking the current laws. Similarly, the NCOP is opposed t the advertising of online casino gambling. The Department of Trade and Industry, however, believes banning it would be unconstitutional. Hopefully, the clear interest of industry giants such as BWin and Victor Chandler will boost their confidence in its legaliziation.


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