Lawyer Questions Minister's Power to Police Online Gambling via Telecoms Regulator

South Africa is debating how to control online gambling, after a question in Parliament about betting vouchers bought through mobile networks.

Last week, Communications and Digital Technologies Minister Solly Malatsi replied to a written question from Rise Mzansi MP Makashule Gana. Gana asked what safeguards exist to curb gambling vouchers bought through mobile operators and how minors are protected.
Minister Malatsi said he would engage the Independent Communications Authority of South Africa (Icasa) to see what can be done within its powers to protect consumers. He also admitted an important legal point: using a mobile network to buy a gambling voucher does not automatically make that gambling product a service regulated by Icasa.
That reply drew a warning from gambling law expert Wayne Lurie of Lurie Inc Attorneys.

What was questioned and by whom

Wayne Lurie: questioned whether the minister and Icasa have the legal power to decide which forms of gambling are lawful. Lurie said regulating gambling belongs to authorities created by gambling laws, not telecoms laws.

He warned that any attempt to restrict lawful gambling through telecoms regulation could face a court challenge. Lurie said: “A bet does not become unlawful simply because it is placed on a cellphone.”

He stressed that Malatsi has not announced a ban on gambling on phones. The minister only said he will check what Icasa can lawfully do.

What the current gambling rule says
In South Africa, gambling is regulated by the National Gambling Act and provincial gambling laws, enforced by the National Gambling Board and provincial authorities.

• Online sports betting with licensed bookmakers is legal when offered by licensed operators.
• Interactive gambling, like online casino games and slots, is considered illegal by the National Gambling Board.
• The Electronic Communications Act regulates telecoms services, not gambling products. A mobile phone is just a channel to access the bet.

Lurie explained that the lawfulness depends on the gambling product and the licence, not the device used.

Why phone and internet users may care
Most gambling has moved from casinos and betting shops to phones. The South African Bookmakers Association said research found about 62% of online gambling in the country is on illegal platforms.

If telecoms rules are used incorrectly, users could be confused about what is legal. It also affects consumer protection issues like:

• Age verification for minors buying vouchers
• Transparent pricing and consent for premium-rated services
• Blocking of illegal sites vs protecting access to lawful licensed betting For everyday users, the debate matters because it decides who protects you online - Icasa for network services, or gambling boards for betting rules - and how your data and money are protected when you bet from your phone.