Legality Of Online Gambling in SA???

Sorry not all that sure which section of the forums this topic goes but thought hey, everyone reads the horseracing section so got better chance of reply. So here goes...

Me and Few Friends where sitting around at our local pub the other night, talking about our online Poker adventures, when this one random guy from the table across from us decided to put his 2 cents. Apparently he Works for the NRGP. And started telling us how Online Gaming is basically illegal in South Africa. And Companies like SilverSandspoker.net and PigsPeak are basically breaking the law by Advertising on TV and allowing People to Use their Product. (Mind u I do admit that having to see Dolph Lundgren every 30 Minutes on TV during ad breaks should be criminalized especially that retarded advert about him winning his fights, girls and poker.)

He also went on about how as South Africans we are not allowed to punt on International Websites, Like Betfair and Ladbrokes. I did see something about it once in a Computa Form, but I’m sure bookmakers like to use those sites for take backs and what not. (Could be wrong)

If anyone can give me some clarity on this matter I’d appreciate it thanks.

Have a look here www.info.gov.za/view/DownloadFileAction?id=72065 www.ggb.org.za/index.php?option=com_cont...icle&id=49&Itemid=92

Interesting illegal gambling are those who do not contribute to the fiscus

Doublejimmy:

my 2 cents worth:

There have been strong representations to the gambling boards for internet gambling to be declared illegal. From what I know, there have been threats (obvious origin no 2nd guess!), involving the taxman & even National prosecuting Authority also. Basically, to scare one off!

As poined out in another thread on this forum, legislation of the Provinces are different in each Province which goes back to 'apartheid' days where the strict adherence depended on the extent of Calvinist influence per Province. Thus, you will note that in the WC and KZN, the legislation is more 'open'.

However, from what I know, there has been no successful prosecution for internet gambling, though declared illegal; that has to be challenged through the courts.

In my layman view; there should be no constraint to internet gambling considering the absolute monopoly & strangle-hold that the local operators ('owners' of the intellectual property, sic!) have, allowing for no other competition within this sector.

As such, in terms of the Constitution, the playing fields are not level and Government is complicit by not having introduced legislation to have ensured that the two players 'commingled' their betting function to the detriment of the participant. They have absolute control over take-out, types of bets, staging of event, etc. which may be seen as conflicting with the Competitions Acts.

Maybe, there are legal fundis out there who could take up this angle more expertly.

At the end of the day, bet on the internet; just check out the Provincial legislation & transfer of funds with SARS. If they do take you to court, challenge them; guaranteed, out of court settlement!

alcaponee:

noted the links; the point remains, these regulatoruy bodies have not considered the constitutional rights of the player and may be challenged...successfuly, I would aver!

So let me get this straight.. Only reason its "illegal" is cuz goverment not getting its piece of the pie?

online gamblimg..

The law deems the bet to have been struck, where the server is resident.

thats how all the bookmakers and interbet operate.
poker sites have the server outside RSA, hence they dont fall under the RSA laws.
same applies to betfair, the server is in the UK.

based on that, a bookmaker can install a terminal with access to his website in every spur, keg, news cafe, coffee shop an email the ticket to your email address.

same applies to punters, they can access and bet with any website, and have the ticket displayed on the screen or emailed or even printed on your local printer.


This is where the SNAG is..

2 laws..feb 2009...
1 for game of skill....
1 for game of chance...

both states clearly...no credit to be given..it's against the law to play with the bookmaker or casino on credit...
hence casino's and online bookmakers offer a free voucher..all you need to do is open an account and get R200 free bets...no credit..free..but not free..because you cannot draw the R200 cash..

This is where the real snag is..

electronic commerce act....somewhere around 2000/1/2...

all e-business transactions must comply with non repudiation.
ie, I must without doubt prove that it was you that did the online transaction.

think about it...
I win R800k from bookmaker..online via the web interface..
someone else puts a loosing bet in for R790K on my account..
the bookmaker says it's me..
I called by phone..thats way they have telephone recording systems that dont work..
or did another internet transaction..he now owes me R10k..

the bookmaker and any other institution that wants me to do e-commerce must issue me with a certificate...shuttleworth type cerificate...

the certificate consist fo 2 parts
a private key and a publick key..
they keep the one part and issue me with the other part..
so when I do business, i use my certificate..+password+pin...etc

now..certificates cost money and have an expiry date..which means I have to renew them at a cost..every 2 years..????


to do this..the bookmaker needs to configure a PKI with LDAP and active directory etc....google for detail..


skill and money...

internet banking does not comply..thats why the bank refunds your money..
new credit and debit cards must have a chip(certificate) else your credit/debit card is refused in EU...NONREPUDIATION....

Government companies such as SAA, SPOORNET not legal with internet transactions..


welcome to africa..where the law of TRANSVAAL is the only law....

Technology is moving away from certificates..
certificate is on my laptop or my desktop....

cannot do transaction from another desktop...
certificate can be lifted from my pc.........

so the move was to put the certificate on a card..
like a access card..debit card..credit card.......

but I forgot my card at home...
cannot access my desktop.......

now we are moving to fingerprint recognition.....
see your new laptop...does have fingerprint reader..
microsoft...fingerprint recognition been around for >10 years..
part of windows software..

lucky we have 10 fingers...we are in Africa..

so..soon they will be cutting a finger..not stealing your card..

TRANSNET PENSIONS...many cases..guys has been dead for months..
cut a finger..bring it with to draw pension..only problem..it shrinks and then dont work after a few....

bottom line...fingers are worth a fortune in Africa..

Have got to "hand" it to you Andrew, you are a King!

"bottom line...fingers are worth a fortune in Africa.."

Andrewest have you ever heard of the company Derivco and what they do?

Derivco is a leading developer of software for the online gaming industry.

Correct. Thought you might have worked there seeing your internal control knowledge is excellent and you mentioned your an IT guy with a passion for gambling.

28 years in IT...could not get another job..
funds were limited in 1979..

mine..gave free clothes, socks and boots but R123 gross pm.
bank..had no clothes other than school uniform and levi's ..R210 gross pm..

IT..operator..load tapes..boxes of stationary..learn IBM assembler programming R140 gross pm...could wear the levi's and T shirts top work..only clothes I had..

been a contractor for 24 years at +72 companies and many government departments
hence I have been around.
installed almost every piece of software, customised the software, learned almost every programming language, hardware, security, and all the bull you can think about.

but I am getting old..must make room for the new generation.
my daughter is 30..she says..I dont understand...guess I am not clever enough..
especially when I enquire about the repayment of the previous loan..