[2 September 2018] The National Gambling Amendment Bill [B27-2018] was introduced into the Portfolio Committee for Trade and Industry on 21 August 2018. Of interest to Internet service providers and related industries are two new proposed provisions to be inserted into the National Gambling Act:

  • Proposed subsection 8(4) sets out a prohibition on “a person” providing “internet services or other technological support for any gambling activities that are not licensed in terms of this Act.”
  • Proposed subsection 78A(2) provides that the National Gambling Regulator must notify “any internet service provider to cease business with an operator that has been operating in contravention of this Act”.

National Gambling Amendment Bill 2018

[26 April 2016] The National Gambling Policy 2016 was published on 1 April 2016 under the National Gambling Act 2004.

National Gambling Policy 2016

The following excerpt is relevant to Internet service providers in South Africa:

4.7.4 The NGR must establish and maintain a register of illegal gambling operators to ensure that these operators are barred for at least five (5) years from acquiring a licence. The register will be used to share the information with banks, Internet Service Providers and all other law enforcement agencies to prevent any facilitation of illegal gambling operations. This will ensure that they do not have bank accounts to operate their businesses, no alternative payments modes are used, no local internet domain use to offer illegal gambling. The NGR will be required to share any information of illegal operators with the relevant payment mode operators or any institution that may facilitate illegal gambling in order for them to stop association with such bodies. Any disregard of such notification should attract criminal liability.

Policy Position

NGB must work with all affected stakeholders to ensure that there is no facilitation of illegal gambling either in terms of financial transactions or illegal gambling online sites.