The legalisation and regulation of online gambling in South Africa
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University of the Western Cape
Abstract
Description
Magister Legum - LLM (Mercantile and Labour Law)
Keywords
Online gambling, Legislation, Regulation, South Africa, Gambling is defined as wagering money on an event with an uncertain outcome. Gambling thus
requires three elements to be present: consideration, chance and prize. Gambling activities were
historically considered immoral; this was the basis for the common law unenforceability of
gambling debts. Recently this stigma has faded and gambling has become a recreational
activity.
The history of gambling in South Africa and its introduction into the mainstream economy
started with the Bantustans. These areas were considered independent countries by the
Apartheid government, thus the general prohibition against gambling did not extend to them. At
the end of the Apartheid regime a decision had to be made regarding the 17 casinos licensed to
operate in the Bantustans. As a result of the introduction of the Interim Constitution, the
Howard commission and the resultant Lotteries and Gambling Board Act, gambling became
legal in South Africa.