The Legality of Banning Online Gambling in South Africa: Is Online Gambling Not a Component of Gambling?

摘要

In light of the potential income generating capability of online gambling and its perceivable threat to location based gambling, this Article examines the legality of banning online gambling despite the promulgation of the National Gambling Amendment Act, which is intended to legalize online gambling, and the constitutional implications of such ban. Part II examines the definition of gambling to argue that online gambling is a mere component of gambling. Part III provides the current legal framework governing gambling and its application to online gambling. Parts IV and V focus on the overall purpose of this Article, i.e. to scrutinize the legality of the non-fulfilment of the legislative mandate requiring regulation of online gambling, and to investigate the constitutional implication, if any, of outlawing online gambling. Finally, Part VI provides a brief synopsis of international approaches toward online gambling regulation. This Article concludes by arguing that while the North Gauteng High Court’s decision, confirmed by the Supreme Court of Appeal, to prohibit online gambling should be respected, the legal framework for the review of gambling generally, so as to encapsulate online gambling specifically, is irremovable. The National Gambling Act expressly and unambiguously envisages development of online gambling policy and legislation. Fear of the potential risks posed by online gambling can no longer be used as a reason for banning online gambling.