Africa's leading Gambling Trade Publication - Gaming for Africa Magazine - Issue 151

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Sun International & TBCSA Welcome Easing of Lockdown Restrictions Major African gaming operator Sun International and the TBCSA (Tourism Business Council of South Africa) have welcomed the move to Level 1 Covid Restrictions for South Africa, which includes opening of borders to international travelers, as well as increased operational hours for casinos. SUN INTERNATIONAL “The move to level 1 lockdown restrictions is a relief, especially relaxing the curfew, permitting leisure facilities to allow 50% of capacity, and allowing larger gatherings from midnight on 20 September. This means our entertainment and conferencing facilities can begin to operate again,” said Graham Wood: Sun International Group COO Hospitality. “Our casinos have been trading since July but the news that international borders will be gradually opened from 1 October is encouraging, as this gives greater clarity to the industry. The road ahead will not be easy but we can now plan for the recovery of the hospitality and conferencing segments of our business. This is especially important for our key properties such as The Palace, Sun City, The Table Bay Hotel, The Maslow Sandton, the Wild Coast Sun

and The Boardwalk. Our Covid-19 health and safety protocols are firmly embedded in our operational procedures and we remain committed to ensuring the health and safety of all of our customers and staff,” said Wood. With restrictions on inter-provincial and international travel being lifted, new winds have been thrust in the sails of the tourism and hospitality industry. Months in lockdown have enabled the sector to prepare to operate at full capacity and has allowed for further measures to be put in place through comprehensive industry standard protocols that allow travellers and patrons to travel and eat safely.

TBCSA The Tourism industry in South Africa supports

1.5m jobs and contributes 8.6% to the GDP and has suffered significant losses during this time, however the industry is ready for the challenge to revive South Africa’s economy, and rebuilding the industry. The timeous arrival of the new level will allow the industry to take advantage of the peak holiday travel season and catapult its resuscitation. A win for travellers, suppliers and the entire tourism value chain. “We would like to call upon the industry to come together, now more than ever as we work towards the recovery of our industry. We welcome the decision by the President and it further shows what can be achieved when the public and private sectors work together, for a common goal. Let’s look to the future and continue to engage.” Said Tshifhiwa Tshivhengwa, CEO of TBCSA.

South African Gambling Authority Issues Statement to Clarify Legality of Online Gambling South Africa’s National Gambling Board has issued a statement around online gambling in the country. For the sake of correctness, Gaming for Africa runs the statement verbatim below: INTERACTIVE GAMBLING IS ILLEGAL IN SOUTH AFRICA The National Gambling Board (NGB) has noted with concern that the issue of the legality of online or interactive gambling is the subject of debate in some circles. To eliminate any uncertainty in this regard, the NGB wishes to make it emphatically clear that the answer to whether online or interactive gambling is legal in South Africa, is a simple and unequivocal NO with the exception of online sports betting. Section 11 of the NGA, entitled “Unauthorised interactive gaming unlawful”, expressly states that “a person must not engage in or make available an interactive game except as authorised in terms of this Act or any other national law.” The National Gambling Amendment Act, 2008 (Act no. 10 of 2008)

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Gaming For Africa

(“the Amendment Act”), which was passed by the National Assembly and assented to by the Presidency on 10 July 2008, has never come into operation. In terms of section 44 of the Amendment Act, the Act “comes into operation on a date fixed by the President by proclamation in the Gazette”, and this has never taken place. Legislation comes into operation on the day of its publication in the Government Gazette. As the Amendment Act prescribes that it will only come into effect on a future date to be fixed by the President, by proclamation in the Gazette, and the President has never done so, the Amendment Act thus cannot be relied upon or referenced as being the law regarding the regulation of interactive gaming or online gambling. The National Gambling Act of 2004 remains the supreme national regulatory

prescript for regulating the gambling industry in the Republic of South Africa, and in terms thereof, interactive gambling, as envisaged in the Amendment Act of 2008, remains prohibited. Examples of such interactive gambling are casinostyle gambling that is accessible through the use of a device such as a smartphone or tablet, as well as server-based gambling inside a physical establishment styled as an internet lounge. Casinos games can only be enjoyed at licensed land-based casinos. Any establishment that is unable to display a valid gambling licence issued by a provincial licensing authority is operating illegally. Operators offering or wishing to offer such gambling products and services to the South African public must be aware that they are committing an offence, Continued on page 12


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