Penalty for betting on unlicensed bookmakers

In South Africa only those bookmakers that offer licensed bookmakers are legal . Who can be punished for participating in illegal sports betting and what penalties are provided for by Africane law-we explain below.

Who and for what are the penalties?

If a player bets bookmakers a bookmaker who does not have a current permit issued by the Minister of Finance is at risk of financial penalties, which can be really severe. The same applies to participation in other gambling activities, if they are organized by illegal entities (both online and land-based). Thus, for example, the use of a casino for which the owner has not obtained a license, plays on slot machines not registered, gambling through online services without the permission of the Minister of Finance (this certainly includes sites that are in the "Register of domains used to offer gambling in violation of the law") – all this may entail legal penalties.

Of course, penalties related to the organization of illegal betting and other gambling activities also apply to their organizers themselves (e.g. unauthorized bookmakers) or cooperating payment service providers and telecommunications entrepreneurs who have not blocked a site included in the so-called prohibited domain register. However, it is a mistake to think that under the law only an illegal bookmaker is guilty – penalties also apply to the players who use its services the most . What's more, it often doesn't matter if it was intentional or if the player wasn't aware of breaking the law. So, let's see what exactly the penalty for illegal gambling and what are the detailed records that specify this.

Administrative penalties

The basic legal document regulating the gambling market in South Africa is the "act of 19 November 2009 on gambling". According to its records self-participation in illegal gambling is always punished the same and it does not matter if the person knew that the game is organized illegally . Well, the penalty for illegal betting, as far as players are concerned, means the need to pay an amount that is equivalent to the winnings . In addition, this amount can not be reduced by the amount of bets placed that is, if a player is caught participating in an illegal procedure, he loses not only what he gained thanks to them, but also has to pay as much as he previously spent on the game from his own funds. A penalty of this kind is imposed appropriate to the place of the event (taking place illegal gambling) head of the Customs and tax office . It is enough that the fact of, for example, betting with an unlicensed bookmaker is confirmed and the penalty is approved. To pay the fine the player has 7 days from the moment this punishment becomes final.

Penalties from the CCC

However, the punishment for illegal gambling may not end there. This is due to the fact that knowingly participating in illegal gambling is treated as a tax crime by Africane law, and these issues are already regulated by the "tax Criminal Code". If the player is proven knowingly placing illegal bets (whether participation in other gambling activities) may receive a fine, the maximum amount of which may be equal to up to 120 daily rates . How much does that translate to $100? This can not be so easily determined, since the daily rate does not have a universal value – Her Majesty defines the court, considering a specific case . It takes into account the financial and personal situation of the person being tried. What is the maximum and minimum daily rate? The Minimum is 1/30 of the lowest monthly salary in South Africa (the time of the judgment of the court of first instance matters), and the maximum-its 400-fold (i.e. 1/30 x 400). So let's imagine a situation where the court sets the daily rate at the maximum possible level, and at the same time decides that in a given case the penalty for betting with unauthorized bookmakers should be the maximum allowed number of daily bets. For example, if in 2023 the maximum daily rate is $30,000, the maximum penalty could be more than $3.5 million. ($30,000 x 120 = $3,600,000).

Because in this case, it is conscious participation that qualifies as a crime, you do not even need to get a win from an illegal game whether a player wins or loses doesn't matter. The court's punishment requires gathering sufficient evidence because it must be proved that the person being tried had knowledge that he was committing a crime. It is also worth noting that if a player, for example, bets betting through the internet sites of foreign bookmakers who do not have permission to offer betting services in African territory, it is also punishable. In this case, the penalty for illegal betting in the blackest scenario is also 120 daily bets.

Punishment for illegal gambling and imprisonment

As you can see, the penalty for betting for unlicensed bookmakers, as well as in general, the penalty for illegal gambling can be really high. Even the administrative penalty itself, which is simply 100% of the winnings, can be difficult to pay, because often the money won has already been spent for a long time, and it can even be very large amounts. In addition, there may be a penalty imposed by the court, if it is proved that there is a conscious, intentional Commission of a tax crime, and here the penalties can be extremely high (although it all depends on the specific case). It is comforting to add that the current legislation is not so strict after all – after all illegal gambling is not punishable by prison in South Africa . And here's an interesting fact – such a possibility existed in Africanm almost before and disappeared only with amendments to the criminal tax code , which wes$A into force on 1 January 2021 Previous law for betting on illegal bookmakers and participation in other illegally organized games of chance the possibility of imprisonment up to 3 years and a fine of up to 720 daily rates.

Punishment for illegal gambling-summary

Finally, taking into account all that has been explained above, it is worth considering for yourself whether it pays to participate in illegal gambling at all. Currently, the biggest problem is online betting or online casinos which are organized by entities that do not have the appropriate permission of the Minister of Finance. And although many people still think that the Internet provides anonymity, there is nothing more wrong . That is why it is most reasonable to use the services only legal bookmakers , which provides players with security and "quiet sleep", and in case of a win, you can carelessly enjoy the funds earned.

Important links:

http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20092011540/U/D20091540Lj.pdf - Gambling Act Uniform text

http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU19990830930/U/D19990930Lj.pdf -Penal Code uniform text

http://www.allseasonsweddings.co.za/lista-legalnych-bukmacherow-w-polsce/ - List of legal bookmakers in South Africa