{"id":35041,"date":"2026-10-13T01:26:07","date_gmt":"2026-10-13T04:26:07","guid":{"rendered":"https:\/\/focusgn.com\/africa\/?p=35041"},"modified":"2026-10-13T06:18:05","modified_gmt":"2026-10-13T09:18:05","slug":"south-africa-icasa-gambling-law-powers","status":"publish","type":"post","link":"https:\/\/focusgn.com\/africa\/south-africa-icasa-gambling-law-powers","title":{"rendered":"South Africa communications minister cannot rewrite gambling law, says expert"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Wayne Lurie says mobile-network safeguards must respect existing gambling law, with licensing and oversight remaining with gambling authorities.<\/p>\n\n\n\n<!--more-->\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Key takeaways:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Gaming law attorney Wayne Lurie has questioned whether ICASA can restrict access to lawful gambling products through mobile networks.<\/li>\n\n\n\n<li>Lurie said consumer protection must remain within existing legislation and cannot be used to rewrite gambling law or expand ICASA\u2019s powers.<\/li>\n\n\n\n<li>His comments followed Communications Minister Solly Malatsi\u2019s October 6 parliamentary reply on possible ICASA safeguards for gambling products accessed through mobile networks.<\/li>\n\n\n\n<li>Lurie said gambling licensing and oversight sit with provincial authorities and the National Gambling Board, and that ICASA does not gain those powers because a transaction uses a mobile network.<\/li>\n\n\n\n<li>He warned that restrictions affecting licensed operators could push consumers towards unlicensed alternatives and said any restriction on lawful mobile gambling needs a legal foundation.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">South Africa.- Gaming law attorney<strong> Wayne Lurie<\/strong> has questioned whether South Africa\u2019s communications regulator, the Independent Communications Authority of South Africa (ICASA), can restrict access to <strong>lawful <\/strong>gambling products through mobile networks, arguing that consumer protection measures must remain within the limits of <strong>existing legislation<\/strong>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Lurie, founder and director of Lurie Inc. Attorneys and CEO of the Safe And Responsible Online Gambling Association (SAROGA), specialises in gambling law and regulation in South Africa. In a LinkedIn post titled \u201c<strong>Why the communications minister cannot rewrite gambling law<\/strong>\u201d, Lurie said efforts to protect consumers must respect the division of regulatory powers between communications and gambling authorities. &nbsp;Lurie said: \u201cGambling harm deserves serious attention, but so do the limits of what the minister can legally do.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">His comments follow communications and digital technologies minister Solly Malatsi&#8217;s written<a href=\"https:\/\/focusgn.com\/africa\/south-africa-mobile-gambling-consumer-protection\" data-type=\"post\" data-id=\"34879\" target=\"_blank\" rel=\"noopener\"> parliamentary reply to Question 5106<\/a> on October 6, in which he said he would engage ICASA on safeguards for gambling products accessed through mobile networks. The question, from RISE Mzansi MP Makashule Gana, concerned vouchers bought through mobile network providers and safeguards to prevent minors from accessing them.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Malatsi said the engagement would assess whether existing consumer protections were adequate and whether further measures within ICASA&#8217;s mandate might be warranted. He also clarified that using a <strong>mobile network<\/strong> to purchase or access a gambling voucher does not automatically make the underlying product an electronic communications service regulated by ICASA. No new rules for mobile gambling vouchers had been announced.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Lurie argued that the Constitution gives Parliament and provincial legislatures <strong>shared lawmaking powers<\/strong> over gambling and wagering, excluding lotteries and sports pools. He said gambling legislation assigns licensing and oversight responsibilities to provincial authorities, alongside the National Gambling Board&#8217;s national functions. \u201cICASA does not acquire those powers because a transaction uses a mobile network,\u201d added Lurie.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">He said the device used to place a bet does not determine its legality, which depends on the activity, the <strong>applicable law<\/strong> and what the operator is licensed to offer. Prohibited interactive gambling remains prohibited whether accessed on a laptop or cellphone. He said: \u201cConsumer protection is a legitimate objective but not a licence to rewrite gambling law\u201d .<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"595\" height=\"595\" src=\"https:\/\/focusgn.com\/africa\/wp-content\/uploads\/sites\/7\/2026\/10\/WAYNE.jpg\" alt=\"\" class=\"wp-image-35049\" \/><figcaption class=\"wp-element-caption\">Wayne Lurie questions the legal limits of ICASA\u2019s gambling powers.<\/figcaption><\/figure>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\">Lurie acknowledged that ICASA can contribute to consumer protection through its rules for premium-rated services, including certain paid SMS services. These rules address charges, subscription consent and third-party compliance. However, he argued that a gambling voucher sold through a mobile platform does not automatically fall under those rules.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Lurie also questioned whether restricting one payment channel would reduce gambling-related harm if the same vouchers remained available through other methods. He warned that measures that confuse consumers or discourage the use of<strong> licensed operators<\/strong> could push them towards unlicensed alternatives.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">He also argued that the minister&#8217;s policy powers under the <strong>Electronic Communications Act<\/strong> cannot be used to rewrite gambling law or give ICASA new gambling powers. Cooperation between regulators, he said, cannot expand their legal authority; wider powers require proper lawmaking.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Lurie said effective consumer protection requires preventing underage participation, ensuring a <strong>punter&#8217;s exclusion<\/strong> applies across all operators and intervening when harmful gambling emerges. \u201cAny restriction on otherwise lawful gambling through mobile networks needs a legal foundation,\u201d he said, warning that measures exceeding those powers risk being struck down.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Frequently asked questions (FAQs)<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Can ICASA regulate gambling in South Africa?<\/strong> Wayne Lurie argues that ICASA cannot acquire gambling licensing and oversight powers simply because a gambling transaction uses a mobile network. He says those responsibilities rest with provincial authorities and the National Gambling Board under gambling legislation.<\/li>\n\n\n\n<li><strong>What prompted the debate over mobile gambling vouchers?<\/strong> Communications minister Solly Malatsi said in a parliamentary reply on October 6 that he would engage ICASA on safeguards for gambling products accessed through mobile networks. The question concerned vouchers bought through mobile network providers and preventing minors from accessing them.<\/li>\n\n\n\n<li><strong>Does using a mobile network make gambling an ICASA-regulated service?<\/strong> Malatsi said using a mobile network to purchase or access a gambling voucher does not automatically make the underlying product an electronic communications service regulated by ICASA. Lurie likewise argues that the device used to place a bet does not determine its legality.<\/li>\n\n\n\n<li><strong>What consumer-protection measures does Lurie support?<\/strong> Lurie says effective protection requires preventing underage participation, applying punter exclusions across all operators and intervening when harmful gambling emerges. He also says any restriction on otherwise lawful mobile gambling needs a legal foundation.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Wayne Lurie says mobile-network safeguards must respect existing gambling law, with licensing and oversight remaining with gambling authorities.<\/p>\n","protected":false},"author":2809,"featured_media":35184,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"is_press_release":false,"is_interview":false,"is_opinion":false,"focusai_summary":"Gaming law attorney Wayne Lurie has challenged the Independent Communications Authority of South Africa's (ICASA) potential overreach into gambling regulation, asserting that licensing and oversight for lawful gambling products accessed via mobile networks remain solely with provincial authorities and the National Gambling Board. Lurie argues that consumer protection measures must align with existing gambling legislation, warning that ICASA's intervention could inadvertently push consumers towards unlicensed operators. This analysis follows Communications Minister Solly Malatsi's parliamentary reply regarding potential ICASA safeguards for mobile gambling products.","focusai_entities":"Wayne Lurie, ICASA, Solly Malatsi, Lurie Inc. Attorneys, Safe And Responsible Online Gambling Association, SAROGA, National Gambling Board, RISE Mzansi, Makashule Gana","focusai_location":"South Africa","focusai_target_profile":"ceo_executive (0.9), regulator (1.0), compliance_legal (1.0), operator_casino (0.9), payments_fraud_aml (0.8), investor_analyst (0.9), supplier_vendor (0.7), journalist_researcher (0.9)","focusai_suggestions":[{"label":"ICASA's Legal Mandate?","query":"What are the specific legal precedents or constitutional interpretations that define the jurisdictional boundaries between ICASA and gambling authorities regarding mobile-accessed gambling products in South Africa?"},{"label":"Operator Impact Analysis?","query":"How might a definitive ruling on ICASA's authority, either expanding or limiting its scope, impact the operational licensing and market access strategies for B2C iGaming operators in South Africa?"}],"footnotes":""},"categories":[60023,60011],"tags":[71,60033],"class_list":["post-35041","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-news","category-south-africa","tag-gambling","tag-regulation"],"_links":{"self":[{"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/posts\/35041","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/users\/2809"}],"replies":[{"embeddable":true,"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/comments?post=35041"}],"version-history":[{"count":26,"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/posts\/35041\/revisions"}],"predecessor-version":[{"id":35186,"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/posts\/35041\/revisions\/35186"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/media\/35184"}],"wp:attachment":[{"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/media?parent=35041"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/categories?post=35041"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/focusgn.com\/africa\/wp-json\/wp\/v2\/tags?post=35041"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}