WHITE RIVER – The Mpumalanga Economic Regulator (MER) has issued this statement to clarify its regulatory position, in response to numerous enquiries from current and prospective licensees, industry stakeholders, and the public.
This follows the Supreme Court of Appeal (SCA) judgment in Portapa (Pty) Ltd t/a Supabets and Others v Casino Association of South Africa and Another (182/2024; 215/2024) [2025] ZASCA 158.
The case concerned an appeal against a High Court judgment which held that, in terms of the Gauteng Gambling Act, 1995 (Act No. 4 of 1995), bookmakers are not permitted to offer bets on the outcomes of roulette, as it is a casino game and not a sporting event.
The SCA upheld the High Court’s decision, confirming that roulette does not fall within the definition of “sporting activity” under the Gauteng Act, and that offering fixed-odds bets on casino games, including roulette, is unlawful.
The Court further concluded that, while other provinces may allow bookmakers to offer bets on a broader range of contingencies, the Gauteng Gambling Act specifically limits such contingencies to sporting events.
The SCA judgment was based on the specific facts and legislative framework applicable to Gauteng Province and the submissions made by the parties involved. Importantly, and contrary to certain media commentary, the Court did not consider or pronounce on online or interactive gambling.The decision must therefore be understood within its legal and provincial context, as it does not alter the legislative frameworks of other provinces.
READ | MER confiscates 350 illegal gambling machines
The MER confirms that, under the Mpumalanga Gambling Act, 1995 (Act No. 5 of 1995), read with the National Gambling Act, bookmakers licensed in Mpumalanga are permitted to offer bets on any lawful contingency.
“The SCA ruling does not affect the current betting offerings or contingencies available under Mpumalanga’s legal framework. The SCA also reaffirmed that provincial legislation governs matters related to casinos, racing, gambling and wagering, except where the National Act requires uniformity in terms of Section 146(2) and (3) of the Constitution,” reads a statement.
While this legal position remains, the MER fully supports the National Gambling Board (NGB) in its efforts to combat illegal online gambling. Members of the public are advised to verify the legitimacy of any gambling website by ensuring that the web address matches the one reflected on the licence certificate issued by the MER, as only such websites are approved as licensed premises.
To report illegal gambling activities, members of the public are encouraged to contact the nearest Police Station, or the MER at 013 750 8000, or email compliance@mer.org.za. Reports of illegal or unlicensed gambling help the Regulator protect the public, maintain industry integrity, and ensure that gambling remains fair, transparent, and socially responsible
