Malatsi risks action over cellphone gambling crackdown
A gambling law expert warns that using ICASA to restrict lawful betting could trigger a constitutional challenge.
Communications Minister Solly Malatsi risks facing legal action for attempting to use telecommunications laws to curb mobile gambling, according to gambling law expert Wayne Lurie. Lurie argues that neither Malatsi nor the Independent Communications Authority of South Africa (ICASA) has the authority to determine which gambling products South Africans can legally access.
The National Gambling Act and applicable provincial legislation govern gambling, while the Electronic Communications Act covers electronic communications services and networks. Lurie warns that Malatsi's attempts to implement consumer-protection measures within ICASA's regulatory framework may be challenged on administrative law and constitutional grounds.
Malatsi has not announced a ban or committed to restrictions, but Lurie believes that attempting to regulate gambling indirectly through telecommunications law is not an effective approach. Instead, Lurie suggests focusing on enforcing existing gambling legislation, particularly against illegal offshore operators, and implementing stronger age verification, enforcement of exclusions, and intervention for potentially harmful gambling behavior.
Written by urgent.news from ITWeb's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
