The Supreme Court of Appeal declared yesterday that the offering of online casinos in South Africa is illegal.
The appeal follows Judge Tuchten’s finding last year in the North Gauteng High Court that online gambling in South Africa was illegal. Piggs Peak Casino in Swaziland challenged this ruling based upon the interpretation of where the gambling activity in online gambling took place.
The effect of the decision is to confirm the Gauteng Gambling Board’s long-held view that the following activities are unlawful:
- Operators who offer online gambling to the residents of the Republic.
- A player who participates in online gambling transactions.
- Persons, entities or organisations that facilitate the provision of online gambling.
- Persons, entities or organisations that advertise or facilitate the advertisement of online gambling.
The Gauteng Gambling Board has stated that any person or organisation found guilty of breaching the gambling legislation may be liable for a fine not exceeding R10m ($1.27m) or to imprisonment for a period not exceeding 10 years, or to both a fine and imprisonment.
