Communications minister Solly Malatsi cannot use telecoms rules to limit access to legal gambling, gambling attorney Wayne Lurie said on Monday. He said any attempt to do so could be challenged in court.
Lurie, of Lurie Inc Attorneys, was responding to a written reply Malatsi gave to a question in Parliament. The question was about gambling and betting vouchers bought through mobile networks, TechCentral reported.
“The minister has not announced a ban on gambling through mobile phones, and it would be incorrect to suggest otherwise. He is examining what Icasa can lawfully do within its existing powers,” Lurie said.
The question came from Rise Mzansi MP Makashule Gana. He asked if the minister plans to curb these vouchers. He also asked what safeguards the department demands from mobile operators to stop children from buying them.
A media report the week before said South Africa was bringing in new rules for gambling on phones. According to TechCentral, that report was not accurate.
Malatsi’s reply is dated 6 October and announces no new rules. It only commits the minister to talks with the communications regulator, Icasa, about what it can do under its current powers.
In the reply, Malatsi said the National Gambling Act and provincial gambling laws set the rules and licences for gambling and betting.
“Accordingly, where a mobile network or mobile platform is used merely as a channel through which a consumer purchases or accesses a betting or gambling voucher, this does not in itself make the underlying gambling product an electronic communications service regulated by Icasa,” he said.
Malatsi said he would still speak to the regulator about steps it could take “within its regulatory mandate”. This would cover cases where phone networks are used to reach gambling. It would also look at whether current consumer protection is enough.
The minister pointed to Icasa’s 2016 code of conduct for premium rated services. It requires licensees to make sure outside premium services on their networks meet set consumer protection standards.
But Malatsi said any safeguards for gambling vouchers would depend on how the service is set up. It would also depend on whether it falls under Icasa’s control.
On the question about children, the reply does not say what safeguards, if any, the department now asks of mobile operators. It says only that the legal age to gamble is a matter for gambling laws.
“A bet does not become unlawful simply because it is placed on a cellphone. Nor does the use of a mobile network give the communications minister the power to decide which gambling products South Africans may access,” Lurie said.
The constitution gives the power to make gambling laws to national and provincial government. Provincial gambling boards license and watch over operators, while the National Gambling Board plays an oversight role.
Lurie said a deal made over a mobile network does not hand those duties to Icasa. He said the Electronic Communications Act also limits the minister’s power to issue policies and policy directions.
“If government attempted to prohibit access to an otherwise lawful gambling product simply because it was accessed through a mobile network, it would need a clear legal basis,” he said.
Lurie also asked whether blocking some ways of buying vouchers would reduce harm. He said people could simply pay another way. He said there was also a risk of pushing gamblers towards unlicensed operators.
He said real consumer protection needs proper age checks and ways to enforce gambling exclusions. It also needs early help when a gambler’s behaviour points to possible harm.
“Regulators should cooperate, share information and coordinate enforcement within their existing powers,” Lurie said.
Source: this article is based on reporting by TechCentral. Image: TechCentral. Written with the help of AI and published by the Tzaneen Voice Technology desk. See our Editorial Standards.
Werner Jacobs covers technology for Tzaneen Voice. Werner reports on mobile networks, data prices, internet access, smartphones, apps, AI, cybersecurity and South African tech companies. Each story explains what a new product, price change or policy means for ordinary users in South Africa.