Herewith a ground-breaking ruling by the North Gauteng High Court on the jurisdiction of on-line gambling transactions in South Africa. 

The decision was handed out on Friday, 20 August 2010 by the Honourable Judge NB Tuchten. 

The effect of this decision is to confirm the Gauteng Gambling Board’s long held view that the following activities, relating to on-line gambling transactions are unlawful: 

§  Internet operators who offer on-line gambling (interactive games) to  the residents of the Republic. 

§  A player or a punter who participates in on-line gambling transactions (interactive games). 

§  Persons, entities or organisations which facilitate the provision of on-line gambling (interactive games) includes:

-  Internet service provider

-   Financial transaction providers such as banks 

§  Persons, entities or organisations which advertise or facilitate the advertisement of on-line gambling (interactive games) eg radio and television stations, print media, outdoor advertising agencies. 

The Gauteng Gambling Board will pursue any person or organisation which contravene the gambling legislation. 

Persons who are prosecuted and found guilty of breach or contravention of the gambling legislation may expose themselves to the following consequences: 

§  Liable for a fine not exceeding R10 million or to imprisonment for a period not exceeding 10 years or to both such fine and imprisonment. 

§  May not be suitable to hold an on-line gambling licence when South Africa invites application for on-line gambling licence