The National Gambling Amendment Act, 2008 (Act no. 10 (“the Amendment Act”), which was passed by the National Assembly and assented to by the Presidency on 10 July 2008, has never come into operation. In terms of section 44 of the Amendment Act, the Act “comes into operation on a date fixed by the President by proclamation in the Gazette”, and this has never taken place. Legislation comes into operation on the day of its publication in the Government Gazette.
As the Amendment Act prescribes that it will only come into effect on a future date to be fixed by the President, by proclamation in the Gazette, and the President has never done so, the Amendment Act thus cannot be relied upon or referenced as being the law regarding the regulation of interactive gaming or online gambling. The National Gambling Act of 2004 remains the supreme national regulatory prescript for regulating the gambling industry in the Republic of South Africa, and in terms thereof, interactive gambling, as envisaged in the Amendment Act of 2008, remains prohibited.