South African Communications Minister faces legal warnings over gambling regulation

Communications Minister Solly Malatsi is facing scrutiny regarding potential attempts to regulate mobile-based gambling through telecommunications legislation. Legal expert Wayne Lurie of Lurie Inc Attorneys warns that such actions could trigger administrative and constitutional challenges.

Lurie argues that neither the minister nor the Independent Communications Authority of South Africa (ICASA) possesses the authority to determine which gambling products are legal. He emphasizes that gambling is governed by the National Gambling Act and provincial legislation, whereas the Electronic Communications Act governs communication services. Lurie notes that a bet does not become unlawful simply because it is placed via a mobile device.

The discussion follows a parliamentary inquiry regarding measures to curb gambling and betting vouchers purchased through mobile network providers, specifically concerning safeguards to prevent minors from accessing such products. While Malatsi has not announced a ban, he indicated he would engage ICASA to determine if existing consumer protection measures are adequate or if further interventions within their regulatory mandate are warranted.