The National Assembly’s Trade, Industry & Competition Committee has begun the process of considering the merits or otherwise of preparing a committee Bill to deal with remote gambling and mitigate related societal issues of increasingly widespread concern. Prompted by a memorandum from Democratic Alliance MP and committee member Toby Chance, the process began on 4 November 2025 with a briefing from Daksha Kassan (Parliamentary Constitutional & Legal Services Office) on the procedures to be followed and likely timeframes.
According to Chance, while the 2008 National Gambling Amendment Act does deal to some extent with online/interactive/remote gambling, it has yet to be operationalised. This legislative ‘gap’ has left the industry unregulated. And it seems to be booming despite a ban on the activities concerned under the 2004 principal statute.
Chance also alluded to a policy ‘review’ in 2009 – possibly referring to the 2011 report of a gambling review commission established by former Trade & Industry Minister Rob Davies two years earlier. According to a media statement on the report’s recommendations issued by the then Department of Trade & Industry, among other things ‘the current prohibition of interactive gambling … (was found) to be undesirable as it fails to offer protection to South African punters’.
The 2018 National Gambling Amendment Bill still before Parliament was referred this year to a mediation committee, which resolved the impasse regarding concerns raised by the NCOP but not endorsed by the National Assembly committee concerned. Yet to be passed by the National Assembly and sent to the President for signature, the Bill focuses on administrative and governance matters possibly affecting remote gambling but not expressly dealing with it.
Chance also referred to plans for re-tabling a private member’s Remote Gambling Bill originally prepared by Dean Macpherson (now Public Works Minister in the Government of National Unity). The Bill lapsed when Parliament rose for the May 2024 elections. However, in November 2025 – in anticipation of re-introducing a possibly revised version of the Bill – Chance gazetted the procedurally required pre-tabling explanatory summary, also calling for public comments. SA Legal Academy reported on this at the time. Chance believes that information gleaned during that process would be helpful in drafting a committee Bill, should that option be pursued.
No mention was made of a Remote Gambling Bill tabled in 2015 by former DA MP Geordin Hill-Lewis (now Cape Town mayor). That Bill was rejected by the National Assembly’s then Trade & Industry Committee, having failed to pass the routine desirability test. A National Gambling Amendment Bill tabled in 2018 by Davies might have addressed some of the issues concerned had the committee not been constrained by pre-2019 election deadlines. Most provisions in the Bill dealing with matters with worrying societal implications were removed – leaving the governance-Bill recently referred to a mediation committee and yet to be passed. At the time, the sixth Parliament was expected to process legislation addressing issues pivotal to provisions removed from the Bill. No legislation to that effect was ever tabled.
Against that somewhat disturbing backdrop, the committee has called for a departmental briefing on issues raised in Chance’s memorandum, along with a response on these matters from Parliament’s Constitutional & Legal Services Office.
Published by SA Legal Academy Policy Watch
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