This Act was repealed on 2021-12-01 by Gaming and Entertainment Control Act, 2018.
This is the version of this Act as it was when it was repealed.
- Is repealed by Gaming and Entertainment Control Act, 2018
- Is amended by General Law Amendment Act, 1968
- Is amended by Posts and Telecommunications Companies Establishment Act, 1992
- Is commenced by Date of coming into operation of the Gambling Act, 1965
Gambling Act, 1965
Act 51 of 1965
- Published in South African Government Gazette 1108 on 12 May 1965
- Assented to on 5 May 1965
- Commenced on 1 July 1969 by Date of coming into operation of the Gambling Act, 1965
- [This is the version of this document from 31 July 1992 and includes any amendments published up to 1 September 2023.]
- [Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 11 April 1969]
- [Amended by Posts and Telecommunications Companies Establishment Act, 1992 (Act 17 of 1992) on 31 July 1992]
- [Repealed by Gaming and Entertainment Control Act, 2018 (Act 13 of 2018) on 1 December 2021]
1. DefinitionsIn this Act, unless the context otherwise indicates -“game of chance” includes any game which the Minister may from time to time by notice in the Gazette declare to be a game of chance;“lottery” means any lottery in the generally accepted meaning of the word, and more particularly every scheme, arrangement, system, plan or device by which any prize is or may be gained, won, drawn, thrown or competed for by lot, dice or any other method of chance, either with or without reference to the happening of any uncertain event other than the result of the application or use of such lot, dice or other method of chance and also includes any scheme, arrangement, system, plan or device, which the Minister may from time to time by notice in the Gazette declare to be a lottery;“Minister” means the Minister of Justice;“place” means any place, whether or not it is a public place, and includes any premises, building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle and any part of a place;“prize” means any movable or immovable property;“Republic” includes the territory of South-West Africa;“sporting event” means any football, cricket, hockey, tennis or base-ball match, any boxing, wrestling, shooting or swimming contest, any foot, cycle, motor, boat, dog or horse race, and any other sporting or athletic contest, competition, tournament or game usually attended by the public;“sports pool” means any scheme under which -(a)any person is invited or undertakes to forecast the result of any sporting event or series or combination of sporting events (whether or not in conjunction with any event other than a sporting event or series or combination of events other than sporting events) in competition with other participants; and(b)a prize is to be awarded to the competitor who forecast the said result correctly or whose forecast is more nearly correct than the forecasts of other competitors, or a number of prizes are to be awarded on the basis aforesaid,and for the purposes of this definition the forecast of a result includes not only the forecast of the person or team that is to be victorious or otherwise, but also any forecast relating to the system of scoring employed in the sporting event concerned, or to any person responsible for the score;“subscription” means the payment or delivery of any money, article, matter or thing (including any ticket, coupon or entrance form purporting to be supplied free of charge to the readers of any newspaper or other periodical publication) for and in consideration of the right to compete;“ticket” means any symbol, sign, token, coupon, warrant or list or any other means or device of whatsoever nature purporting or intended to confer upon or to recognize in any person the right to compete for or receive a prize.
2. Prohibition of participation in a lottery or sports pool and presumptions relating thereto
3. Prohibition of advertisements of lotteries or sports poolsNo publisher or proprietor of any newspaper or other periodical publication, and no other person having the control or management of any newspaper or other periodical publication, or of any printing press, shall print or publish, either in such newspaper or periodical publication, or in any printed document, any notice or advertisement of any lottery or sports pool to be conducted in the Republic or elsewhere.
4. Prohibition of distribution or delivery of notices of lotteries or sports poolsNo person shall distribute or cause to be distributed or deliver or cause to be delivered to any person any hand-bill or entrance form or other document conveying in print, writing or in any other way, notice of or information with regard to any lottery or sports pool.
5. Prohibition of activities in the Republic in relation to a lottery or sports pool conducted outside the RepublicNo person shall be exempt from liability under any provision of this Act in respect of any act or thing done or authorized or permitted by him to be done in the Republic in connection with any lottery or sports pool, merely by reason that the management, conduct or business of or concerning such lottery or sports pool is in whole or in part carried on at some place outside the Republic.
6. Prohibition in respect of the playing of games of chance and presumptions relating thereto
7. Minister may prohibit keeping or use of pin-tables, etc
8. OffencesAny person who -
9. Jurisdiction as to punishmentsNotwithstanding anything to the contrary in any other law contained, a magistrate’s court shall have jurisdiction to impose any penalty prescribed by this Act.
10. SavingsNothing in this Act contained -
11. Repeal of lawsThe laws specified in the Schedule are hereby repealed to the extent set out in the third column thereof.
12. Application of Act to South-West AfricaThis Act (with the exception of section thirteen) shall apply also in the territory of South-West Africa (including the Eastern Caprivi Zipfel referred to in section three of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951)), and in relation to all persons in that portion of the said territory known as the “Rehoboth Gebiet” and defined in the First Schedule to Proclamation No. 28 of 1923 of the said territory.
13. ***[Section 13 was not made applicable to South West Africa (see section 12 of the Act). It was nevertheless deleted by Act 17 of 1992.]
14. Short title and date of commencementThis Act shall be called the Gambling Act, 1965, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
History of this document
01 December 2021
Repealed by Gaming and Entertainment Control Act, 2018
31 July 1992 this version
01 July 1969
11 April 1969
Amended by General Law Amendment Act, 1968
05 May 1965