NGB clarifies remote gambling server position under South African law
The regulator stressed that RGS, which enable online or remote gambling, are not recognised as lawful gambling systems under current legislation.
South Africa.- The National Gambling Board (NGB) has issued a formal notice to Provincial Licensing Authorities (PLAs), clarifying that Remote Gambling Servers (RGS) are not recognised as lawful gambling systems under current South African law.
The directive states that interactive gambling is unlawful unless expressly permitted by national law, as outlined in sections 33 and 34 of the National Gambling Act, 2004 (Act No. 7 of 2004). It defines an interactive game as any game played or provided via an electronic platform over the internet, excluding those accessible solely within licensed premises where the licensee is authorised to offer them.
The NGB stressed that RGS, which enable online or remote gambling, are not recognised as lawful gambling systems under current legislation and, as such, cannot be legally offered or operated in the country.
The regulator confirmed that its position is consistent with an earlier directive from the National Regulator for Compulsory Specifications (NRCS), specifying that RGS cannot be certified under South African National Standard SANS 1718-4:2018 (Edition 3). The standard applies only to Wagering and Record Keeping Systems (WRS) and does not provide for the testing or certification of RGS as standalone systems.
The NRCS also stated that it will not issue, renew or extend Letters of Certification for RGS under SANS 1718. Any existing certifications for RGS have either expired or will lapse upon their expiry date, with no further certification activities permitted.
The notice takes effect following NRCS guidance to industry stakeholders, testing laboratories and applicants on the certification of RGS against SANS 1718.
The NGB has instructed PLAs to align licensing and enforcement practices with this clarified legal position. Provincial regulators are required to prohibit the approval or continued use of RGS in licensed gambling operations, ensure operators use duly certified WRS compliant with SANS 1718 and take enforcement action against non-compliant operators.
NGB’s acting Chief Executive Officer Lungile Dukwana said the Board will monitor implementation across provinces and report to the Minister of Trade, Industry and Competition on compliance levels and enforcement outcomes.
