Sa Gambling Legislation

Gambling license in South Africa

Gambling within South Africa was largely restricted for many years, dating back to around 1673. Almost all forms of gambling were officially banned in 1965 with the passing of the Gambling Act. Horse racing, which was still considered a sport for many years, was however still legal, and the only place where people could place bets. This ban on gambling meant many illegal casinos began to pop up. By 1995 there were an estimated 2000 illegal casinos within South Africa. Luckily, with the new democratic government in 1994, the ban on gambling was lifted with the National Gambling Act. By 1996 the first legally licensed casinos were established and a single national lottery was launched. The National Gambling Act was the start of a diverse gambling community within South Africa.

South African gambling laws and how they affect slot players. South Africa holds a unique position within international gambling law, becoming among the very first to address the issue in codified form: The colonial system put in place by its Dutch overseers was responsible for the drafting of laws regulating gambling in 1673. The National Gambling Act of 2004 prohibits online gambling and in August 2010, online gambling via offshore servers was also banned in South Africa. In September 2011, the South African government made it clear that operators were banned from offering online gambling services to South African residents. The National Gambling Board (NGB) has issued a warning to South Africans participating in online interactive gambling as this remains prohibited.

Gambling and licensing

Gambling within SA is highly regulated and is done so by the National Gambling Board as well as the gambling board of each individual province.

The entire process of applying for a license is relatively straightforward. You can apply for a national or provincial license. A national license is generally for those applying as a manufacturer, supplier, maintenance supplier, or for those wanting to work within the gambling industry. A provincial license is simply valid within the single province in which it was issued and is better suited to and casinos or similar.

Both licenses may be applied for and issued through the provincial gambling boards and can be done by visiting the appropriate website (as listed below) and downloading the forms. The websites are quite easy to navigate and the entire application process will take anywhere between three months to a year.

Cost of a South African Gambling License

The cost of applications varies from province to province. Here are two examples:

Western Cape
Casino operator new license application fee: R 479 300.00
Casino annual licensing fee: R 239 650.00
Gambling employee fee (new application and yearly fee): R129
Bookmaker new license application fee: R11 977
Bookmaker annual licensing fee: R2403

North West Province
Casino operator new license application fee: R230 000
Casino annual licensing fee: R 100 000
Casino employee licence fee: R500
Bookmaker new license application fee: R6000
Bookmaker annual licensing fee: R5000

Other considerations
A big part of obtaining a South African gambling license is the probity process. This, in short, is a KYC process on steroids and will take up the majority of your time, effort, energy and money. Legal fees to complete this process can amount to hundreds of thousands of rands. While we understand the reason for the process, when compared to other jurisdictions such as the UK, Malta and Curacao, the same process is less bureaucratic and less authoritarian in their approach which is the reason why they have a much more vibrant and active gaming industry.

Maintaining Your License

Licenses are generally valid for different time periods across the different provinces. To maintain your license you will need to pay a set yearly fee, as given in the above examples. Likewise, if you wish to work at another casino or to move the premises of your existing casino, then you will need to apply for such. Employee licenses are linked to the position which they hold with a specific operator. Every Gambling machine or device must also be registered in order to be considered legal.

National licensees will need to comply with the applicable provincial law within whichever provinces they are conducting business. Provincial licensees will obviously be expected to do the same.

Failure to pay taxes, levies or fees will jeopardise your license as will non-compliance with any of the laws set out in the National Gambling Act. A person convicted of an offence in terms of the National Gambling Act is ‘liable to a fine not exceeding R10 000 000, or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment.
If a licensee is in breach of a condition of a license they are ‘liable to an administrative penalty not exceeding 10% of the annual turnover of the licensee.

You may surrender your license by choice via written notification to the provincial licensing authority.

Reposting Requirements

Suspicious or illegal activity can be reported directly to the respective provincial gambling boards or the National Gambling Board itself.

Anti-money Laundering

South Africa has three acts which relate to Anti-money laundering: the Prevention of Organised Crime Act (POCA), Financial Intelligence Centre Act (FICA), and The Protection of Constitutional Democracy Against Terrorism and Related Activities Act (POCDATARA).
The main duties of accountable institutions include:

• Identifying and also verifying clients
• Reporting any suspicious transactions
• Keeping records
• Training staff
• Reporting cash transactions over the prescribed limit
• In conclusion, formulating and implementing internal rules

Each legal gambling institution must ensure that all the necessary policies, procedures and systems are in place whilst ensuring full compliance with the FICA Act.
South Africa has a Financial Intelligence Centre (FIC) which is run under the FICA Act. There is also a Money Laundering Advisory Council who works alongside FIC and advises the Minister of Finance. All information regarding money laundering activities must be reported to FIC who will then hand over to the appropriate authorities.

TAX

Corporate tax in South Africa is set at a flat rate of 28% for all companies.
Although a withholding tax on winnings has been proposed since 2011, nothing has been set in stone.

Software Testing and Online Gambling

Any machine or device which needs calibration or certification must be tested by a licensed testing agent. The agent will need to make sure that the machine/device is compliant with the applicable standard. They record all test results and issue a report. The South African Bureau of Standards must then analyse the results and if found compliant they issue a letter of certification.

Online gambling is still illegal within South Africa except for online betting via a licensed South African bookmaker. Both the operation and advertisement of online casinos within South Africa are illegal acts.

Contact the South African Gambling Commission

For more information:

1. Gauteng:
www.ggb.org.za

2. Western Cape:
www.wcgrb.co.za

3. Eastern Cape:
www.ecgbb.co.za

4. Free State:
www.gla.fs.gov.za

5. Kwazulu Natal:
www.kzngambling.co.za

6. Mpumalanga:
www.mgb.org.za

7. North West:
www.nwgb.co.za

8. Limpopo:
www.lgb.org.za

9. Northern Cape:
www.ncgb.co.za

Gazette 12.5.2011 P1353

Alternative to a South African Gambling License

A curacao based gambling license is perfect for your business if you wish to offer services abroad. The license is regulated by the Government of Curacao and is accepted by all banks and payment service providers.

We work with the local authority assisting our clients with their gambling license needs, get in touch on Skype, WhatsApp or Email for further information.

Our editors will review what you’ve submitted and determine whether to revise the article.

Gambling 2021 Laws And Regulations Macau ICLG

Sa Gambling Legislation Definition

Legislation, the preparing and enacting of laws by local, state, or national legislatures. In other contexts it is sometimes used to apply to municipal ordinances and to the rules and regulations of administrative agencies passed in the exercise of delegated legislative functions.

Legislation involves not only action by a legislative body, but also participation by the executive. Concurrence by the executive is required to make legislation effective except where the exercise of veto power is overridden by a sufficient majority of each house of the legislature. Moreover, the role of the executive involves far more than mere acquiescence or dissent. As the principal officer of state and as a political leader, the executive participates extensively in the formulation of governmental policy and often in the actual preparation of legislation.

In the United States the subject of legislation is complicated by the federal character of the country. Each state possesses lawmaking power effective within its boundaries. The national government, within the scope of its constitutional powers, may pass legislation effective throughout the nation. Thus, conflicts may arise between a state and the national government. These conflicts are resolved by the courts. The Constitution, treaties, and laws of the United States are the supreme laws of the land, and state statutes passed in contravention of them are unenforceable. Both state and federal courts are obliged to refuse to enforce a state statute contravening federal constitutional or statutory law. Furthermore, the Supreme Court of the United States may review state legislation and decide whether or not it conflicts with the Constitution of the United States or with legislation passed by Congress. The Supreme Court of the United States is the final arbiter with respect to federal legislation and as to state laws insofar as their conflict with federal power is concerned. State legislation also must comply with the provisions of state constitutions. Final decision with respect to such compliance is vested in the state courts.

The courts have the power not only to determine the constitutionality of legislation but also to decide what legislation means and how it fits into the whole structure of the law. Law in the United States, as in all nations sharing the Anglo-U.S. legal tradition, is derived largely from judicial precedents established in earlier cases. The body of precedents is known as the common law. Legislation in the states sometimes changes the common-law rules. Through the interpretation of such legislation, the courts often may either restrict or extend its application. Thus, in a very real sense, the courts may be regarded as a part of the legislative process.

The relation of courts to legislation is involved also in another peculiar American problem. This relates to the extent to which courts will take “judicial notice” of statute law. When such notice is taken, it is unnecessary for a litigant to prove what the law is. All courts must take judicial notice of the federal laws and the statutes of the state in which suit is brought. However, there are different rules regarding the extent to which the courts will take notice of the legislation of other states. In some states statutes require the courts to take notice of such laws, while in others they must be specially pleaded or proved or else the courts will assume that the law of the other state is identical with either the decisional or statutory law of the state where the trial takes place. After 1936, however, most states solved the problem by adopting the Uniform Judicial Notice of Foreign Law act. This law requires courts to take judicial notice of the common and statute law of other states but not of other countries.