Section 11, the 2008 amendment and the Remote Gambling Bills: what has changed

What section 11 says

The National Gambling Act 7 of 2004 was assented to on 6 August 2004 and came into operation on 1 November 2004. Its section 11, headed "Unauthorised interactive gaming unlawful", provides that a person must not engage in, facilitate or make available an interactive game other than an interactive game provided under a licence issued in terms of the Act. Interactive games are, in plain terms, casino-style games played over the internet.

The catch is that no system for issuing such licences has ever been switched on. So the prohibition bites while the licensing door stays shut. Betting is treated differently: provincially licensed bookmakers take sports and horse-racing bets online under their provincial licences. Section 11 is aimed at casino-style games, not at a licensed bookie's sportsbook.

The 2008 amendment that was never switched on

The 2004 Act anticipated the problem. Item 5(5) of its Schedule required the Minister to introduce legislation regulating interactive gambling within two years of the Act coming into operation. Parliament did pass that legislation: the National Gambling Amendment Act 10 of 2008 was assented to on 10 July 2008. According to its entry on gov.za, it provides for the regulation of interactive gambling, the registration of players and opening of player accounts, and conditions for interactive gambling licences. Its commencement is still listed as "To be proclaimed".

Draft Interactive Gambling Regulations followed for public comment in Government Gazette 31956 of 27 February 2009. They were tabled and debated in the Portfolio Committee on Trade and Industry, where concerns were raised, but neither the amendment Act nor the regulations has been brought into operation. The result, as a 2024 parliamentary notice summarises it, is that interactive gambling is not regulated in South Africa.

The private members' Remote Gambling Bills: a timeline

Since the 2008 Act was never brought into force, opposition MPs have tried their own bills. None has been passed: one was rejected in committee, one lapsed within weeks, and the latest draft has not got beyond publication for comment. The records on the Parliamentary Monitoring Group (PMG) show the pattern:

The PMG record for B11-2024 shows nothing after the lapse. The November 2024 notice set out what the newest draft would do: give the provincial licensing authorities the power to issue remote gambling licences and control remote gambling in their provinces, with the National Gambling Board providing oversight, evaluation and monitoring; create licence categories with application, renewal, suspension and transfer procedures; licence key persons; set standards for web-based platforms; protect minors and vulnerable people; and require compliance with the Financial Intelligence Centre Act. At the time of writing, the official "Bills before Parliament" list does not include a remote gambling bill.

The National Gambling Amendment Bill is a different bill

Headlines sometimes mix up the remote gambling bills with the National Gambling Amendment Bill [B27-2018]. That is a government bill, tabled in August 2018, which amends the 2004 Act on regulatory matters. According to the Mediation Committee, the current version covers, among other things, extending the national central electronic monitoring system beyond limited payout machines to other gambling machines and devices, and strengthening action against illegal gambling. Its passage has been unusually long:

• The National Assembly passed it in December 2018 and sent it to the National Council of Provinces (NCOP).
• It lapsed and was revived more than once; the NCOP rejected it on 14 December 2021.
• It was revived in July 2024 and referred to a Mediation Committee on 15 May 2025.
• The Mediation Committee report of 13 June 2025 records that the committee did not reach consensus, but a majority of both houses' components agreed on a new version, B27D-2018.

Parliament's "Bills before Parliament" list dated 25 September 2026 still showed the bill on the National Assembly order paper as B27D-2018 and on the NCOP order paper as B27B-2018. The mediation report does not mention online or interactive gambling. Even if this bill is passed, it will not by itself create licences for online casino games.

What has changed in practice

The law on online casinos has not moved, but two developments around it are worth knowing.

1. A public list of licensed operators. The National Gambling Board now publishes a consolidated Verified Operators list, compiled with the provincial licensing authorities, so you can check whether a betting site holds a South African licence. Our licence-checking guide walks through it.
2. A proposed tax on online gambling revenue. In November 2025 National Treasury published a discussion paper proposing a 20% national tax on gross gambling revenue from online betting and interactive gambling, on top of provincial taxes, SAnews reported. A discussion paper is not a law, and it does not license online casino games.

Neither development makes offshore casino sites legal for South African players. The tax side of winnings is covered in our explainer on gambling winnings and SARS.

How to track the status yourself

Bill status changes slowly but it does change, and articles go out of date. Rather than relying on reports, check the primary records:

• PMG bill pages (pmg.org.za/bills) list every event on a bill, with dates and documents.
• Parliament's "Bills before Parliament" list on parliament.gov.za shows which bills sit on each house's order paper.
• gov.za shows commencement: the 2008 amendment will only take effect once a proclamation date is published.
• The Government Gazette carries notices of intention to introduce private members' bills and calls for comment.

This page summarises the public record and is not legal advice. For a specific question about an operator or a product, ask an attorney or the provincial gambling board. If gambling is becoming a problem, our responsible gambling page lists free help, including the SARGF toll-free line 0800 006 008.