National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 2 : National Gambling PolicyPart A : Gambling activities5. Gambling games |
| 1) | An activity is a gambling game if- |
| a) | it meets the following criteria: |
| i) | it is played upon payment of any consideration, with the chance that the person playing the game might become entitled to, or receive a pay-out; and |
| ii) | the result might be determined by the skill of the player, the element of chance, or both; or |
| b) | it is a bet or wager in terms of section 4(1), that is placed in a casino in relation to an activity that meets the criteria in paragraph (a). |
| 2) | Despite subsection (1), for all purposes of this Act, none of the following activities is a gambling game: |
| a) | A bet or wager in terms of section 4(1), other than a bet or wager contemplated in subsection (1)(b). |
| b) | a totalisator bet in terms of section 4(2); or |
| c) | an amusement game. |
| 3) | The Minister may make regulations regarding— |
| a) | specified games, systems and methods that meet the criteria specified in subsection (1)(a) as interactive games; and |
| b) | the forms of electronic communication that may or may not be regarded as a form of electronic communication for the purposes of this Act. |