The regulation of interactive gambling in South Africa : a comparative study.

Abstract

This dissertation seeks to provide some regulatory perspective on the future of interactive gambling in South Africa. It reviews the difficulties facing the legislature concerning the regulation of interactive gambling by using comparative methods. The jurisdictions used in this dissertation are purposefully chosen because of the different legislative models applied in the regulation of interactive gambling so as to critically analyse the most practicable models that can be applied in South Africa. Many countries have opted for legislative inactivity and others a system of total prohibition; however there are countries that have taken a further difficult step to regulate interactive gambling. The National Gambling Amendment Act 10 of 2008 proposes to regulate interactive gambling; however, parliament has not implemented this piece of legislation and as such interactive gambling remains a fallacy. Research in this area of gambling is close to non-existent but the fact is, gambling has transformed from a relatively rare phenomenon limited to land-based casinos, bingo halls and racing and sports betting to an industry driven by the technological evolution of the internet, growing at a rapid rate each year. This form of gambling revolutionises the way people gamble by creating an opportunity for them to bring gambling into their homes. The purpose of this dissertation was to make a comparative analysis of different jurisdictions and put the South African legislative model into perspective. This study made a distinction between online casinos and other forms of gambling, and further looked at the different legislations in South Africa and how they have changed through replacement, repeal and amendment. The study concluded that interactive gambling would be in a better position regulated as it has materialised as a significant public policy issue of extensive financial importance. Therefore, the sooner the legislation is promulgated the easier it will be to better understand the impact of interactive gambling in this country and assess the extent of problem gambling and money-laundering.