Online Poker South Africa 2019
There are lots of things us South Africans do really well but simplicity isn’t one of them! So it’s no surprise then that the laws and regulations about poker in ZA are a bit confusing.
South Africa News
When you’re trying to understand something that’s murky and complex, the beginning is always a good place to start. It’s also simpler if you look at the laws governing offline and online poker separately.
Si Redd is credited inventing the first video poker game in the 1970’s. The version of poker he chose to use is known as the five-card draw. This is the easiest poker game. It is still the most common at online casinos. In South Africa, the game arrived with the settlers. The form of poker that we enjoy today became prominent in the 1800s. South Africa online Poker has made its rounds and has transformed into a strategic and classical game at the best South African online casinos. So, if you’re looking to learn how to play poker online at the top online poker sites as well as everything poker, you have come to the right place.
Carry on reading to find out about the start of South Africa’s poker laws, where they stand right now and most importantly, whether you’ll be arrested for playing a few hands down at the bar or at an online poker site.
Online Poker
It depends where you look for the facts but according to all the most trusted poker industry sources and public government information, (http://www.justice.gov.za/sca/judgments/sca_2011/sca2011-155.pdf) , gambling at online poker websites operating from South Africa is completely illegal for South Africans.
So why do some people talk about playing legal poker online from SA? Are they crazy? Hold tight, this is where it starts to get confusing.
While the South African government has now clarified its position on online poker, the reality is that the existing Internet gambling laws are aimed at frightening gambling operators out of the market, not at actual poker players. No real money Internet poker player in South Africa has ever been prosecuted and that’s why South African’s keep flocking to legal international online poker rooms.
The National Gambling Act: Reinvented
Until fairly recently the National Gambling Act of 2004 was literally the only piece of legislation crafted to deal with online gambling (or interactive gambling as the government calls it). It stated that it was illegal to offer or engage in online gambling games.
In 2008 online poker was still being played up and down the country, so the government decided they may as well get in on the revenues. The National Gambling Amendment Act of 2008 was then published with the aim of legalising and regulating the online poker market. Unfortunately, later in the year of 2008 many offline, land-based casinos in SA teamed up with anti-fraud protective agencies to argue against the introduction of the new, more relaxed rules.
The casinos did this because they didn’t want all their customers going to spend their gambling Rand online instead of at their poker tables and slot machines. The anti-fraud authorities opposed it because it would mean there would be a whole new arena for them to search through and the responsibility of overseeing all online poker transactions sounded a bit too much like hard work!
The final blow for legal online gambling in South Africa came in the summer of 2010. Online gambling at international gambling sites based outside of SA was banned too. This time they didn’t just aim the law at operators either, the government promised to punish the players themselves too.
Luckily for poker fans, the government did a terrible job of outlining what counts as ‘gambling’ and so poker is currently back and fighting fit. Online poker has returned to its good old grey home where no one has nailed down the law and no player has ever been fined.
But wait, there’s more! In mid January 2020 a member of the South African parliament called Geordin Hill Lewis brought the whole thing back up again. He wanted the government to take another look at regulating the online poker market by settling on a final version of the National Gambling Amendment of 2008 which had been left abandoned.
In February 2020 Hill Lewis introduced his Remote Gambling Act to parliament.
The Remote Gambling Act is still being discussed and poker players around SA are holding their breath. They could be holding it a long time though, because here’s what a Department of Trade and Industry representative had to say to South African Independent Online News, “In our view no amount of control will adequately curb the harm that may be caused to South African citizens by online gambling, hence we reiterate that it must remain a banned activity.”
Legal Land-Based Poker In SA
There are around 40 land-based casinos or poker rooms with legal poker tables in South Africa and each offline gambling venue must have the correct licenses to operate in the province they are based in.
Cape Town South Africa
Playing poker for real money, against friends, in the comfort of your own home or even on the beach is illegal but it is not heavily policed.
To Recap
Online poker is not clearly illegal in South Africa, as long as you play at an international poker website. We can show you the best international poker websites for you to play at from South Africa, so make sure you check out our reviews page.
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Despite the landmark South African supreme court ruling against Piggs Peak Casino in 2012, a number of international casino operators still persist in marketing their services to players wanting to gamble in South African rands. Whilst there is likely argument – a legally unsound one in fact, that these online casinos aim to cater for non-South African residents who fall under an alternative jurisdiction, the fact that the transactions are taking place using South African currency (and most probably through the South African financial system) make them suspect.
One of the biggest challenges in monitoring and controlling illicit online casino activity – both in South Africa and abroad, is law enforcement and national priority. Developing countries usually face a barrage of social issues including violent crime, rape and entrenched corruption and South Africa is no exception to this. In fact, with the recent bombardment of news about crime in South Africa, it is easy to infer why prosecution in the online gambling space has not been actively pursued, bar the Piggs Peak case. While the legal threat clearly exists, there is yet to be an established case against South African gamblers themselves.
The irony of the situation is that many South Africans find themselves attracted to land-based casinos in the country, largely because of the perceived safety and alternative entertainment opportunities they can find in a relatively secure location. Since these casinos are properly regulated and licensed by the state, players are free from risk of litigation and their winnings may be appropriated to their local bank accounts without any issue. Still, the convenience of gambling online for real money proves very enticing for many South African players, despite the risks which are often perceived not to have any credibility.
Unlike markets likes India, which face similar legislative challenges, the South African online casino market is actually a very lucrative one for the online gaming operators themselves. Along with Australians, South Africans represent some of the highest value online gambling players in the world. Even though funding online casino accounts can sometimes be challenging using South African credit cards or bank accounts, there is no shortage of e-wallet type options like MoneyBookers and NETeller that are easily accessible for local players.
So with few entry barriers, high value customers and a comparatively low risk of prosecution, international online gaming operators are unlikely to stop targeting the online casino South Africa market. If the South African government were wise, they would be best off implementing and enforcing online gambling regulation as soon as possible. Not only will it serve to control the online gambling and sports betting space, it is sure to generate significant tax revenue from licensing fees, online casino and personal player taxation on winnings. Until then, South African players will likely continue to flout the gambling law on the host of choices they have available to them.
With the shutting down of Piggs Peak to South African players, below is a sample of the more well-established international casinos that cater for online gambling in Rands that have happily taken on the local market demand:
If you have any doubt that this is just a small sample, you check out a more comprehensive directory of South African online casinos to see the full extent of what is available. Clearly the demand is there and is being amply met – the South African government had better get a move on with formal regulation with respect to making online casinos in South Africa legal and taxable… there is tons of money on the table for them.