South Africa is set to transform its online gambling landscape with the introduction of the Remote Gambling Bill (B11-2024). For years, the online gambling sector, aside from licensed online sports betting, has operated in a legal grey area, unregulated and technically prohibited. This new bill seeks to change all that bringing in much-needed structure to the rapidly growing industry.
Proposed by the Democratic Alliance, the country’s main opposition party, the bill will introduce a comprehensive licensing system with stringent regulations for operators and robust measures to protect players from harm. Yes, 2024’s best no deposit codes look attractive, we agree, but you need to get familiarised with the legal and regulatory framework – even as a player. Actually, particularly as a player. This ensures that the online casino you’re about to sign up to isn’t rogue, but a fully licensed and regulated one.
Why Now ?
The Democratic Alliance’s proposed bill comes after years of inaction on the 2008 National Gambling Amendment Act, which aimed to regulate online gambling but was never implemented. The party believes this new bill will address a crucial legal gap, offering a balanced approach to regulation, player protection, and industry oversight.
The lack of regulation in online gambling has not only fostered criminal activities but also left the public vulnerable compared to those who gamble in land-based establishments. Additionally, this regulatory void has resulted in billions of rand in lost revenue and jobs to other gambling jurisdictions. With the introduction of this private member’s bill, the Democratic Alliance aims to safeguard both players and the industry, addressing issues that have been neglected for far too long.
What Does The Bill Propose?
The Remote Gambling Bill proposes a comprehensive regulatory framework for online gambling in South Africa. The bill introduces three types of licenses: a remote gambling operator license, a manufacturer/supplier/maintenance provider license, and an employment license. Applications for these licenses can be submitted to provincial licensing authorities, but the National Gambling Board will have the final authority to issue them. Provincial authorities will assist by monitoring activities and addressing any unlawful operations.
Licenses will be open to all eligible parties, including those who already hold other types of gambling licenses in the country. Each application will undergo a thorough review before approval.
The bill also stipulates that licenses can be suspended or revoked if the holder violates licensing conditions. Licensees may apply to surrender or transfer their licenses, subject to the board’s discretion.
While the bill does not specify the cost of licenses or anticipated tax rates, it does outline several key regulations. Remote gambling will be restricted to individuals aged 18 and over, and operators will be prohibited from extending credit to players. Consumers will have access to a self-exclusion scheme, and operators must provide responsible gambling tools, such as deposit limits. Additionally, the bill imposes strict restrictions on online gambling advertisements, requiring them to be clear and to include responsible gambling messaging.
Will It Pass?
Given the anticipated shift in the political landscape, it’s understandable to question whether the bill will come into effect. Since the end of apartheid in 1994, the ANC has been the dominant political force, holding power in the national legislature and governing all provinces except the Western Cape, which is controlled by the Democratic Alliance. However, the upcoming national and provincial elections on 29 May could bring significant changes.
New poll data suggests that the ANC might fall below the 50% threshold, potentially losing its majority in parliament. Without this majority, the ANC would no longer have the unilateral power to pass or block legislation, increasing the likelihood of the new Remote Gambling Bill being passed.
The Democratic Alliance has consistently championed this legislation, emphasizing the need to protect vulnerable people from the pitfalls of gambling harm. With the ANC potentially losing its majority, the DA sees this as an opportunity to introduce more bills aimed at improving South Africa.