| This section is intended as a resource for those researching any of the public affairs issues around casino gambling in South Africa. Should you have any further questions, please contact us here and we will address them for you.
Gambling Addiction
CASA is committed, through the National Responsible Gambling Programme, its public/private sector partnership with government, to address problem gambling through:
- public education and prevention;
- a treatment and counselling service for problem gamblers, their families and friends, and
- research which helps to ensure that the first two components operate accurately.
In its third major research report on gambling and problem gambling behaviour (published in 2006) the NRGP found that there has been a decrease in problem gambling between 2003 and 2006 other than a small increase amongst those who only play the lottery.
Their findings suggest that levels of problem gambling in South Africa remain broadly in line with those found in other jurisdictions where the availability of commercial gambling is similar
A further study of the treatment of gambling addiction in South Africa found that the NRGP’s outpatient programme for problem gamblers has a treatment success rate of 75%.
Click here to learn more about the NRGP and problem gambling
Underage Gambling
CASA and its members are committed to the protection of minors and will ensure (as they have always done) that such persons will not have access to gambling opportunities in casinos. This commitment goes hand in hand with section 12 of the National Gambling Act (Act 7, 2004) which states: Protection of minors
12. (1) A minor must not—
(a) enter a designated area within any licensed premises;
(b) operate a gambling machine or gambling device;
(c) conduct or make available a gambling activity;
(d) engage in social gambling or a gambling activity other than an amusement game; or
(e) falsely claim to be 18 years of age or over, in order to—
- gain access to a designated area within licensed premises;
- gain access to a gambling machine or gambling device; or
- engage in, conduct or make available a gambling activity.
(2) A person must not falsely claim that a minor is 18 years of age or over, in order for that minor to—
(a) gain access to a designated area within licensed premises;
(b) gain access to a gambling machine or gambling device; or
(c) engage in, conduct or make available a gambling activity.
(3) A licensee, licensed employee, or a person in control of licensed premises or a gambling machine or gambling device must not knowingly permit a minor to—
(a) enter or remain in a designated area within such licensed premises;
(b) operate that gambling machine or gambling device;
(c) conduct or make available a gambling activity within such licensed premises; or
(d) engage in social gambling or a gambling activity, other than an amusement game, within such licensed premises.
(4) A person referred to in subsection (3) must take reasonable measures to determine accurately whether or not a person is a minor, before permitting that person to do any thing contemplated in subsection (3)(a) to (d).
Advertising Regulations
CASA and its members are committed to abiding by the regulations on the advertising of gambling as laid out in section 15 of the National Gambling Act (Act 7, 2004) which states:
15. (1) A person must not advertise or promote—
(a) any gambling activity—
- (i) in a false or misleading manner; or
- (ii) that is unlawful in terms of this Act or applicable provincial law; or
(b) a gambling activity, other than an amusement game, in a manner intended to
target or attract minors.
(2) Any advertisement of a gambling machine or device, a gambling activity, or
licensed premises at which gambling activities are available—
(a) must include a statement, in the prescribed manner and form, warning against the dangers of addictive and compulsive gambling; and
(b) must not include any element that directly or indirectly promotes or encourages the removal of a person from the register of excluded persons.
(3) A person must not advertise or promote any gambling or related activity as being available to the public free of charge or at a discounted rate contrary to this Act, as an inducement for gambling.
(4) The Minister may by regulation in accordance with section 87 exempt any specific type of advertising or advertising media from the application of this section if the Minister is satisfied that the advertising is not targeted to the general public.
ATMs in Casinos
CASA and its members have already ensured 100% compliance with the Standards for Premises as laid out in section 7 the National Gambling Regulations:
Standards for premises
7.(1) No cash dispensing machine may be placed or operated within 5 metres of any point of unobstructed public access to a designated area, or anywhere in or on such designated area.
(2) No cash dispensing machine may be visible to the patrons from the designated area.
(3) No direction signs to cash dispensing machines may be placed anywhere in or on designated areas.
Click here to read the full act
Underage Drinking
CASA’s members are universally committed to upholding the law and helping to shield vulnerable members of society from harm. As such activities such as the sale of alcohol or tobacco to underage persons will not be tolerated in any shape or form. As a measure of this commitment CASA has signed a code of conduct in which, among other things, they pledge to observe a responsible beverage service policy.
Read more about CASA’s code of conduct
FICA Regulations
CASA’s members are committed to full and continuing compliance with all the relevant provisions of the Financial Intelligence Centre Act (Act No. 38 of 2001) (Click here to read the act)
(link to http://www.fic.gov.za/info/a38-01b.pdf)
This compliance is part of the conditions of our casino licenses as laid down in the section 37 of the National Gambling Act (Act 7, 2004)
37. (1) A national licence issued in terms of this Act applies throughout the Republic and authorises the licensee to conduct, engage in, or make available the licensed activities at any place within the Republic.
(2) It is a condition of every national licence that the licensee must comply with every applicable provision of—
(a) this Act;
(b) the Financial Intelligence Centre Act; and
(c) applicable provincial law within any province in which the licensee conducts, engages in, or makes available the licensed activities.
Click here to read the full act
Self Exclusion
CASA and it’s members will ensure that all our casinos observe the relevant rules for Excluded Persons as laid down in section 14 of the National Gambling Act (Act 7, 2004). In particular they will ensure complete adherence to the following sections:
(10) A licensee, licensed employee, or person in control of licensed premises or a gambling machine or gambling device, must not knowingly permit an excluded person to —
(a) enter or remain in a designated area within those premises;
(b) operate that gambling machine or gambling device;
(c) conduct or make available a restricted gambling activity, or an activity licensed as social gambling, within those premises; or
(d) engage in social gambling or a restricted gambling activity within those premises.
(11) A person referred to in subsection (10)—
(a) must take the prescribed measures to determine accurately whether or not a person is an excluded person, before permitting that person to do anything contemplated in subsection (10)(a) to (d); and
(b) is not liable under this Act or any other civil or criminal law for admitting an excluded person provided the licensee has taken the prescribed measures.
(12) Every licensee authorised to make a gambling activity available to the public must—
(a) make available at all of its licensed premises—
(i) the prescribed form to be used by a person wishing to register as an excluded person in terms of subsection (1); and
(ii) a directory of local recognised counselling, treatment or education
services addressing the problems of compulsive and addictive gambling; and
(b) prominently post a notice advertising the availability of those materials, in the prescribed manner and form, at every entry to those premises.
In addition the casino’s will ensure compliance with the relevant regulations as laid down in Chapter 2, section 2 of the National Gambling Regulations, to whit:
(7) The measures to be taken by a licence holder in terms of section 14(11)(a) to determine whether a person is an excluded person, shall, at a minimum, be-
(a) to place at each entrance to any designated area, a member of staff whose duty shall be to monitor and control the entry of persons into the designated area;
(b) to provide the member of staff contemplated in paragraph (a) with sufficient prior access to the information contained in the database maintained by the Board, reasonably to enable identification of excludedpersons; and
(c) to provide its members of staff, whose duties in the ordinary course entail the surveillance of persons in any designated area, with sufficient prior access to the information contained in the database maintained by the Board, reasonably to enable identification of excluded persons.
Internet Gambling
Section 11 of the National Gambling Act (Act 7, 2004) explicitly states that:
11. A person must not engage in or make available an interactive game except as authorised in terms of this Act or any other national law.
In addition the act makes provision for the following transitional provisions around interactive gambling:
5. (1) The board must establish a committee to consider and report on national policy to regulate interactive gambling within the Republic, and may include with its report any draft national law that the committee may consider advisable.
(2) Despite section 71(2), the committee constituted in terms of this item may include—
(a) representatives of provincial licensing authorities; and
(b) other persons, whether or not those persons are members of the board.
(3) Section 71(3) and (4) apply to the committee constituted in terms of this item.
(4) The committee constituted in terms of this item must report jointly to the board and the Council within one year after the effective date.
(5)Within two years after the effective date, the Minister, after considering the report of the committee and any recommendations of the board or the Council, must introduce legislation in Parliament to regulate interactive gambling within the Republic.
This process has now advanced to the point where an amendment to the Act has been drafted to provide for regulated and controlled online gambling. CASA made a comprehensive submission on this subject and awaits now the parliamentary process. |
