Whitesmans Attorneys has expressed deep concern over the recent comments made by the Acting CEO of the National Gambling Board (NGB) in its 2024/25 Annual Report and subsequent media statement. In these communications, the NGB claimed that South African-licensed bookmakers offering bets on casino-style contingencies are acting unlawfully and cited the recent Supreme Court of Appeal (SCA) judgment in the Supabets/CASA matter as support for this view.
According to Garron Whitesman, founder of Whitesmans Attorneys and a leading expert in gambling law, this interpretation is “plainly incorrect in law and dangerously misleading.”
The comments have triggered widespread confusion in the media and industry, prompting the firm to clarify the legal position.
“The NGB’s stated position is particularly concerning because it is just wrong in law,” said Whitesman. “If left uncorrected, it is likely to mislead both the public and industry participants. It must be made clear that the position adopted by the provincial gambling boards is the correct and lawful one.”
Whitesman confirmed that:
- The NGB’s assertions are baseless in law.
- Residents of every province in South Africa may lawfully place bets on casino-style contingencies with bookmakers licensed in any province in South Africa.
- The Supabets/CASA judgment concerned only an exceptional situation applicable to bookmakers licensed under the Gauteng Gambling Act, which restricts the type of bets that may be offered by Gauteng licensed bookmakers to sporting events. This limitation does not apply to bookmakers licensed in other provinces under their respective provincial laws.
“The SCA made it clear that it is the provincial gambling authorities, not the NGB, that determine what types of bets their licensees may offer,” Whitesman added.
“Players in Gauteng may still lawfully place bets on casino-style contingencies with bookmakers licensed elsewhere in South Africa. The Supabets ruling does not make online betting on casino-style games with South African licensed bookmakers unlawful.”
Whitesman emphasised the importance of informed, evidence-based debate on the regulation of gambling in South Africa, noting that responsible gambling, social responsibility, and problem gambling are global challenges that require balanced, practical, and collaborative solutions.
Written by Whitesmans Attorneys
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