Chapter 37
Internet Gambling gambling is currently prohibited by statute in South Africa, although
there are indications that this situation will change within the next few months to
include the regulation of an unlimited number of Internet gaming sites. The long awaited
National Gambling Bill 2007 was published in late October 2006. It sets out the
regulatory objectives, philosophy and approach for the new regulatory structure.
In an attempt to regulate the various forms of gambling on the Internet, it should be
noted that such regulation, if attempted, would not be done uniformly as the regulation
will have to form part of the broader regulatory system in the country. In terms of the
Constitution of the Republic of South Africa1007 a dual regulatory system was chosen to
administer the gambling industry.1008
On the one hand, lotteries and sports pools are regulated exclusively by national
legislation, the Lotteries Act,1009 under the supervision of the National Lotteries Board.
There has been no official indication by either the national minister1010 or the National
Lotteries Board that the regulation of either lotteries or sports pools via the Internet is
contemplated in the immediate future. Should the regulation of Internet gambling
become a reality, the regulation of Internet lotteries from South Africa would be
regulated separately from other forms of gambling such as casino gaming.1011 For the purposes of this discussion the possible regulation of Internet lotteries is disregarded
because it does not form part of the current legislative development.1012