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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
Regulating the world of remote gambling
The rapid development of technology has brought a further twist to the complex and muddied world of gambling regulation. With the huge leaps and bounds being made in internet and mobile phone networks and applications, the public can now access gambling opportunities from almost anywhere, 24 hours a day. Until recently, despite the easy access to online or remote gambling in South Africa, this sector was not recognised and thus not regulated. The proposed amendments to South Africa’s National Gambling Act of 2004 aim to do this, and in doing so, make provision for the legalization of online or ‘e-gambling’ for the first time.
‘E-gambling’ spans a wide and complex array of gambling types and opportunities and is defined as all forms of remote gambling taking place via the internet or other related forms of telecommunication. It includes lotteries ran through cellphones, virtual poker games and prize competitions, such as TV games like ‘Millionaire’. It also includes online fixed odds betting on sports, horse and reality TV shows. In fact, it includes almost every form of gambling, as everything that can be delivered on land can be delivered through cyberspace.
The popularity and the reason for its rapid global expansion are due to the wide range of channels in which the public can now access gambling opportunities, quickly and easily. They can use telephones, personal computers and interactive TV, meaning that gambling occasions that were once limited to casinos or publics events, can now be accessed virtually anywhere, anytime – at home ,work or while mobile, in addition to existing land based gambling outlets and purpose built gambling venues, such as sports cafes.
E-gambling therefore brings its own sets of problems in terms of encouraging or driving problem gambling. Its convenience means that gambling is available 24/7, permitting all forms of gambling for unlimited stakes and prizes, and therefore the most dangerous form from the point of view of impulse gambling and excessive gambling. This is driven even more by the extreme convenience of paying, especially through telephone or TV rental accounts. It is also extremely hard to enforce implementation of safeguards and so there are issues in terms of advertising control and identification of players, especially minors.
Online or e-gambling has long been a reality in South Africa, and yet this sector of the industry was not until recently regulated, although it is not yet legal. It is fair to say that online gambling in general is hard enough to regulate - the wide array of forms of gambling mean that it is difficult for authorities to develop fixed parameters for taxation and even harder to develop measures to ensure games are crime free and honest and that all providers ensure consent amongst consumers and limit excessive gambling.
The very nature of online gambling means that regulatory measures globally are even more shambolic. Despite the international nature of the internet, there is no consistency in regulations for e-gambling globally. In fact the opposite is often true, with many governments having state monopolies on some or all of the commercial gambling in their jurisdiction or lobbying actively for e-gambling suppliers to locate within it. Conversely, many governments respond to prohibitionist pressure, while land based industries form alliances with religious puritans.
However, it is not all bad news. With online gambling every transaction is recorded and so patterns of risky play are easily identified, meaning that loss limiting facilities are easily introduced and problem gambling education easily delivered. Access to Responsible Gambling sites are only a click away and counselling can also be delivered “remotely”.
The proposed amendment to the National Gambling Act in South Africa makes initial steps towards regulations though a number of measures that aim to protect players from dishonest and unfair practices and keep money from being spent outside of South Africa. All players will now need to register before playing, thus denying access to minors while enabling the monitoring of problem gamblers. Operators now need to comply with the provisions of the Finance Intelligence Centre Act and advertising of service providers will be limited.
There is no doubt that these are valuable developments. The question still lies, however, in how e-gambling can be regulated even more efficiently. There need to be international agreements in place and the industry needs to come together to agree on appropriate and effective ways in which to minimize the harm caused by problem gambling. In short, to offer online gamblers the same education and protection offered currently with casino gambling, horse racing and other forms of land-based gambling. Positive opportunities to use technology to tame technology need to be developed even further – player tracking, loss-limiting, e-consumer education and e-counselling. Most importantly, we need to be alert to the wider civil liberty issues and acknowledge the impact of vested interests from providers and governments alike.
This is an extract of a speech given at the Faculty of Law, University of West Bohemia in Pilsen, Prague, in the Czech Republic by Peter Collins, Professor of Public Policy Studies at The University of Salford and Director of the Centre for the Study of Gambling.
Collins is also executive director of the National Responsible Gambling Programme in South Africa, - a public/private sector initiative and the only one of its kind in Africa. It was founded in June 2000 and is acknowledged internationally to be among the most comprehensive in the world. The NRGP offers education and prevention, treatment and counselling, a Problem Gambling counselling helpline, research and training.
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