A gambling law expert has challenged the National Gambling Board’s (NGB) assertion that licensed South African bookmakers are operating unlawfully by taking bets on casino-style “contingencies”.
Garron Whitesman, founder of Whitesmans Attorneys, warned on Monday that the NGB has misinterpreted a recent judgment by the supreme court of appeal (SCA) involving a number of gambling organisations including Supabets and the Casino Association of South Africa (Casa).
He said the judgment concerned only an exceptional situation applicable to bookmakers licensed under the Gauteng Gambling Act, which restricts the type of bets that may be offered by Gauteng-licensed bookmakers to sporting events.
This limitation does not apply to bookmakers licensed in other provinces under their respective provincial laws, Whitesman said in a statement.
“The NGB’s stated position is particularly concerning because it is just wrong in law. If left uncorrected, it is likely to mislead both the public and industry participants. It must be made clear that the position adopted by the provincial gambling boards is the correct and lawful one.”
According to the judgment, Supabets unlawfully extended accepting bets on the outcome of roulette without a licence to offer that contingency.
“The unlawfulness of that conduct and the dismissal of Casa’s related complaint are beyond dispute. Against this background, in the first review Casa sought orders that Supabets’ conduct, in offering bets on the outcome of roulette without a casino licence, be reviewed and declared unlawful, the [Gauteng Gambling] Board complete its investigation into the complaint lodged and that pending the finalisation of that [first] review, Supabets be interdicted from offering roulette as a contingency on which fixed-odd bets could be offered,” it said.
Loopholes
The court case was in favour of the board against Portapa – the company trading as Supabets – and others.
The NGB said in a statement last week following the ruling that South African laws do not allow for interactive or online gambling, with only the betting sector allowed to offer such services online.
It follows NGB acting CEO Lungile Dukwana telling parliament that the shift by South African gamblers from physical casinos to online platforms continues to accelerate – with all the deleterious effects one might expect.
Read: SA gamblers abandon casinos for phones as online betting surges
He said that some provincial authorities tasked with regulating gambling have been using loopholes in the law to allow online gambling under the guise of gambling contingencies.
A gambling contingency refers to an event or result that remains uncertain until it occurs, and on which a wager is made. The success or failure of the bet depends entirely on the outcome of this future event.
Dukwana last week also called on provinces to take a tougher stance on online gambling to ensure that licensees adhered to regulation.
“This SCA judgment has affirmed the deliberate South African gambling policy approach to the regulation of casinos, betting, limited payout machines and bingo as separate modes of gambling. Licensees are required to operate strictly within the parameters of their licensed gambling mode,” he said.
However, Whitesman said the NGB’s assertions are baseless in law.
“The SCA made it clear that it is the provincial gambling authorities, not the NGB, that determine what types of bets their licensees may offer,” he said.
“Players in Gauteng may still lawfully place bets on casino-style contingencies with bookmakers licensed elsewhere in South Africa. The Supabets ruling does not make online betting on casino-style games with South African licensed bookmakers unlawful.”
Read: Court slams brakes on online casinos in South Africa
Whitesman said it is important that the debate around the regulation of gambling is informed and evidence-based, noting that responsible gambling, social responsibility and problem gambling are global challenges that require balanced, practical and collaborative solutions. –© 2025 NewsCentral Media
Get breaking news from TechCentral on WhatsApp. Sign up here.
