How To Obtain A Gambling License In South Africa

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Games are the source of recreational activities that engage some sort of skill of the player which may be physical strength or mental capabilities. Created for our entertainment the rules and conditions of play may vary for each game. In order to increase the thrill in the game, they may be played for real money. It is at this stage that they are often confused with gambling activities. However, The Apex Court recognizes the games where success depends on substantial degree of skill and despite the existence of an element of chance there is requirement of application of skill, are not 'gambling'1:

LEGISLATION GOVERNING GAME OF SKILL

How To Obtain A Gambling License In South Africa

Although betting/ gambling remain the matters of exclusive jurisdiction of the applicable State legislature, there are hardly any state laws which clearly classify a game to be a game of skill. With a pragmatic approach to deal with the difficulties posed by the lack of appropriate regulation, the Government of Nagaland has passed the Nagaland Prohibition of Gambling and Promotion of Online Games of Skill Act, 2015 (hereinafter referred to as 'Nagaland Act') and Rules, 2016 (hereinafter referred to as 'Rules'). The license issued under the Nagaland Act and Rules ensure the fact that a particular online game is a game of skill and not an act of gambling.

APPLICABILITY

The license issued in accordance to the Nagaland Act and Rules is valid for the operation of the game throughout India except in the states expressly prohibiting betting/ wagering of any sort i.e. Assam, Odisha, Telangana and Gujrat.

OBLIGATIONS FOR THE APPLICANT

The Applicant willing to obtain the license for game of skill are required to fulfill the following obligations as per the Nagaland Act and Rules namely:

  • Applicants should have no criminal history;
  • Controlling stake of the applicant should be in India;
  • Operations of the applicant including technology support platforms, software serves should remain within the territorial limits of India;
  • Applicant should submit the application to the Director of State lotteries, Nagaland along with the application fees of INR 50,000/-.

CONCLUSION

In the progressive view, the Nagaland Act and Rules accord legal protection to the games of skill being played with involvement of stakes, the Nagaland Act. It certainly entails advantages to the entrepreneurs involved in the business of gaming.

Footnote

1. State of Bombay v. RMD Chamarbaugwala [A.I.R., 1957 S.C. 699] - held by the Apex Court of India

For further information please contact at S.S Rana & Co. email: info@ssrana.in or call at (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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International internet gambling law is a subject of immense complexity, because every nation has its own
take on the subject. Some parts of the world embrace online gambling while others do everything they
can to ban it entirely. On top of that, different jurisdictions within a single nation sometimes take radically
different approaches to internet gaming.

The United States is a great example of how complex gambling law can be within a single nation. Not only
are the federal laws poorly written and difficult to interpret, but individual states have their own laws as
well. In some states, online gambling is 100% legal and available to anyone inside state lines. In others, the
authorities are still trying to seize the assets of legitimate gambling sites.

Our goal with this part of our website is to take this massive subject and break it down for our readers.
We start this page by explaining some of the basics of online gambling legislation and regulation, which are useful to understand if you’re interested in
betting or gaming online. There is then some information on the gambling laws in various regions around the world. We’ve also included links to additional
pages where you can learn more about the legal status of both offline and online gambling in specific countries.

This page is divided into the following sections, to make it easy to find the specific region you may be looking for.

Asia
South America
Africa

Online Gambling Legislation and Regulation: The Basics

The most important thing for you to understand about online gambling legislation and regulation is how it affects you. There are two key points to consider
in this respect.

  1. It is rare for it to be explicitly illegal to USE an online gambling site
  2. Licensed and regulated gambling sites are BY FAR the safest

The first point here is hopefully one that will put your mind at rest if you are worried about the legalities of gambling online, and the potential for
repercussions. The fact is that you are very unlikely to breaking the law simply by betting or gaming online. The vast majority of online gambling legislation
is target squarely at the companies that operate sites, and not the individuals who use them. Of course, laws do vary from one region to the next as we’ve
explained. It’s important to know your local laws do prohibit you from gambling online, which is precisely we’ve provided the relevant much information in
this section

In relation to the second point, most sites are licensed and regulated in at least one jurisdiction. To obtain the necessary license, they will have to meet
specific criteria as laid out by the licensing authority within the relevant jurisdiction. Operators will generally advertise details of their licensing, as it helps
to reassure potential customers that are legal and regulated. It basically lends some legitimacy to their operations. That’s what you’ll often see something
like the following on gambling websites.

You should know, however, that the actual legitimacy of licensing authorities varies quite significantly. The simple fact of the matter is some agencies are
much more stringent than others. For example, the state of Nevada puts any potential online poker site through the wringer before it issues a license to
operate. So a Nevada license has genuine sign validity. Other gambling authorities basically sell licenses to anyone with enough money, so these don’t
really mean much at all.

With that in mind, we decided to put together a comprehensive guide to licensing authorities around the world. We want you to know what it really means
when a site says it has a license to do business. You can use this information to assist in the search for a safe gambling site.

Alderney – Alderney Gaming Control Comm
Antigua & Barbuda – Antigua Directorate of Offshore Ga
Curacao – Curacao e-Gaming Licesing Aut
Isle of Man – Gambling Supervision Comm
Malta – Lotteries & Gaming Authority
Panama – Panama Gaming Control Board
Costa Rica
Kahnawake – Kahnawake Gaming Commission

You should also understand why online gambling regulation is so important. Its primary purpose is to protect YOU, the consumers. You should be able to
gamble online with the confidence that you will be treated fairly not be exposed to dishonest or crooked practices. Thankfully, the established and
reputable licensing authorities ensure that you can do exactly that. They impose a strict code of conduct on the licensees, who have to adhere to the
necessary regulations if they are to maintain their licenses. That’s why properly licensed and regulated sites are the safest options.

Further Information

For a more in-depth explanation of this subject, please see our page on how online gambling is regulated

Gambling Laws in North America

There are several countries in North America that have wildly different laws relating to gambling.
The United States is obviously the biggest country in this region, and as we’ve already mentioned
the laws here are very confusing. This is partly down to the fact that there are so many states,
each with their own attitude to gambling, but there is more to it than that. There is just a distinct
lack of clarity in so much of the relevant legislation. There is also much debate about whether
US laws actually apply to gambling sites that operate outside the region.

Things are not much better in Canada either. There is legislation in place that has been passed by
central government, but each individual province has the authority to regulate gambling in their
own regions. As with the US, the use of overseas sites is very much a grey area.

How To Obtain A Gambling License In South Africa

We’ve provided additional pages that explain the relevant legal situations in these two countries in much
more detail, and we’ve also covered some other countries in North America too.

How To Obtain A Gambling License In South Africa Right Now

Gambling Laws in Europe and the UK

Europe also has many countries with different approaches to the legality of online gambling.
Some countries outright ban it, while others have formally legalized it and put proper regulatory
frameworks in place. The United Kingdom is the best example of the latter. All forms of online
betting and gaming are completely legal, and very well regulated. Any site wishing to provide its
services to UK residents must meet requirements set out by the Gambling Commission. This
organization was established in 2005, replacing the existing Gaming Board.

There are other European countries with similar setups to the UK too. France, for example, has a
strict licensing process, but does allow overseas companies to accept French customers if they
meet the necessary criteria. For some reason, though, all forms of casino games are currently
banned. They at least have clear laws though, whereas things are decidedly murky in other countries.

We’ve provide a detailed overview of European gambling laws, and also information on the laws in each of the following specific countries.

United Kingdom
Germany
France
Russia
Poland
Finland
Ukraine
Norway
Sweden

Gambling Laws in Australia/Oceania

The laws for Australian gambling companies are very strict. They’re allowed to offer some gambling
services to Australian residents, but currently only traditional sports betting and lottery-style
games are permitted. Live sports betting is not allowed, and nor are casino games. There are no
laws that prevent Australians from using overseas sites though, as these fall outside the jurisdiction
of Australia’s government.

In New Zealand, unlike so many other regions, there is clear and precise legislation relating to
online gambling. The country passed a new act in 2003 to make sure that their laws were explicit and
easy to understand. Unusually, the act very plainly stated that the use of overseas sites is entirely
legal. Such sites are, however, banned from advertising in New Zealand.

You can read more about the country specific laws in this part of the world on the following pages.

Gambling Laws in Asia

How To Obtain A Gambling License In South Africa Gauteng

There is very little consistency in the gambling laws throughout Asia. This is perhaps
not surprising, given the size of the continent and the number of different countries
it’s home to. Compiling an overview of Asian gambling laws would be a futile
exercise, but we have provided pages covering each of the following countries
separately.

Gambling Laws in South America

The general approach to gambling throughout South America is reasonably liberal.
There are restrictions on certain types of betting and gaming in some countries in the
region though. For example, casino games are prohibited in Brazil. Our guide to the
gambling laws in South America explains about these restrictions in more detail, and
also covers any relevant online gambling legislation.

Gambling Laws in Africa

Few countries in Africa have passed any kind of legislation relating on online gambling,
although South Africa is one notable exception. Land based gambling is another
matter though, with various forms fully legalized throughout the region. There are
casino venues, for example, in several countries. We’ve provided details on the various
gambling laws throughout Africa on the following page.

How To Obtain A Gambling License In South Africa State

Important Notice

We recommend that you have at least passing familiarity with the legal climate with regards to gambling in
your location. A working knowledge of the law in your area may help to keep you safe from any legal trouble,
and will make it easier for you to find the sites that cater for customers in your part of the world.

Please be aware, though, that nothing contained in this part of GamblingSites.org should be considered as
actual legal advice. We’ve carried out extensive research and consulted experts when compiling all of
this information, but we are not qualified to provide legal advice. If you have any concerns about the
legalities of gambling online where you live, it would be best to speak to a licensed lawyer.