Notice of Introduction Remote Gambling Bill, 2022 [PMB]

Call for comments opened 05 September 2022 Share this page:

Submissions must be received by no later than 05 October 2022

Trade, Industry and Competition

In accordance with section 73(2) of the Constitution of the Republic of South Africa, 1996, notice is given that Mr Dean Macpherson, MP, intends to introduce the Remote Gambling Bill, 2022, (“the Bill”) in Parliament. An explanatory summary of the Bill is hereby published in accordance with Rule 276(1)(c) of the Rules of the National Assembly (9th Edition).

On 10 July 2008, the National Gambling Amendment Act, 2008 (Act No. 10 of 2008) ("the Gambling Amendment Act"), was assented to. The purpose of the Gambling Amendment Act is to, inter alia, provide for the regulation of interactive gambling; provide for the registration of players and opening of player accounts; provide for the conditions applicable to interactive gambling licences; provide for the further protection of minors and other persons vulnerable to the negative effects of gambling; and to ensure that the gambling industry complies with the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) (“FICA”).

During 2009, the Department of Trade and Industry also published the Interactive Gambling Regulations for public comment.1 These regulations were also tabled in Parliament and deliberated upon by the Portfolio Committee on Trade and Industry, during which various concerns were raised. However, to date, the Gambling Amendment Act regulating interactive gambling has not been brought into operation and nor have the regulations. Hence interactive gambling is currently not regulated in South Africa.

However, over the past 10 years the South African public has been exposed to and has participated in online and remote gambling. By not regulating this gambling activity, the erosion of the rule of law and criminal activity is being encouraged, while the public is not effectively protected. At the same time, a lack of regulation is resulting in revenue and jobs being lost to other gambling jurisdictions.

The purpose of the draft Bill is to, inter alia, provide a legal basis for the regulation, licensing and control of all remote gambling activities; to preserve the integrity of the Republic of South Africa as a responsible global citizen by ensuring an efficient and effective remote gambling regulatory regime; to provide for the relevant provincial gambling boards to control remote gambling activities in their respective provinces and for the National Gambling Board to provide oversight and monitoring functions; to promote the development of a responsible remote gambling industry in the Republic by providing uniform norms and standards; to provide for the application, renewal, suspension, cancellation and transfer processes for different categories of remote gambling licences; to provide for objection procedures relating to the issuing of licenses; to provide for the respective powers, responsibilities and functions of the provincial licensing authorities and the National Gambling Board in respect of remote gambling; to ensure that all remote gambling activities are conducted responsibly, fairly and honestly; to provide for licensing of key persons employed in the remote gambling industry; to provide for standards that remote gambling websites and equipment must comply with; to ensure that all players are treated fairly and that the privacy of a player is respected; to prevent minors and other vulnerable persons from being exposed to the negative effects of gambling; to ensure compliance with FICA and to prevent remote gambling from being a source of, or associated, with crime or disorder, or being used to support crime, disorder or money laundering.

Find here: Notice of Introduction Remote Gambling Bill, 2022 [PMB]

Comments can be emailed to the Speaker of the National Assembly at speaker@parliament.gov.za and Mr Dean Macpherson at legislation@da.org.za by no later than Wednesday, 5 October 2022.

Enquiries can be directed to Mr Dean Macpherson at legislation@da.org.za