South Africa Eyes New Era with Online Gambling Bill

22.04.2024

South Africa’s Democratic Alliance (DA) has put forward a fresh legislative proposal in the form of the Remote Gambling Bill (RGB) 2024.

The bill, crafted by DA shadow minister of trade, industry and competition Dean Macpherson, emerges from over two years of meticulous drafting and consultations with industry experts. It was introduced to parliament recently, signaling a shift in the regulatory landscape ahead of the upcoming general elections.

The Regulatory Landscape

Historically, South Africa has maintained a complex, tightly knit regulatory framework for gambling, initiated with the National Gambling Act of 2004. This Act primarily covers land-based casinos and online sports betting, leaving a considerable regulatory gap in other areas of online gambling.

The RGB aims to address these gaps by decentralizing the licensing process to provincial authorities instead of the centralized National Gambling Board.

Economic Implications and Market Growth

The online gambling market in South Africa is poised for expansion, drawing comparisons to Brazil due to its size and potential. Industry revenue figures from FY 2022/2023 show a significant rise, with Gross Gambling Revenue (GGR) hitting ZAR47.2bn (€2.3bn), a 36.9% increase from the previous year. However, challenges persist, notably due to an outdated regulatory framework that struggles to keep pace with digital advancements.

Tackling Regulatory Challenges

The proposed bill introduces mechanisms for handling objections to license issuance and sets stringent regulations on the advertising of gambling entities. It emphasizes the protection of minors and vulnerable groups and mandates compliance with the Financial Intelligence Centre Act (FICA).

Black Market Concerns and Enforcement

Despite regulatory efforts, the black market remains a significant concern. Operators like 1xBet and Springbok Casino, popular in the region, continue to function under less stringent Curaçao licenses.

The RGB seeks to curb such activities by reinforcing legal frameworks and enhancing enforcement measures, which historically targeted consumers more than operators.

Legislative Process and Future Prospects

The bill faces a potentially lengthy and challenging journey through the legislative process, requiring approval from both the National Assembly and the National Council of Provinces.

Legal expert Wayne Lurie notes the importance of aligning national and provincial regulations, suggesting that the bill’s success could reshape the regulatory environment, making it more adaptable to provincial needs and specifics.