Malatsi risks action over cellphone gambling crackdown
Legal experts warn Communications Minister Solly Malatsi could face lawsuits if he uses telecoms laws to restrict mobile gambling.Summary
Communications Minister Solly Malatsi may face legal action if he attempts to use telecommunications legislation to restrict gambling on mobile handsets, according to gambling law expert Wayne Lurie of Lurie Inc Attorneys. Lurie warns that neither the minister nor the Independent Communications Authority of SA (ICASA) has the authority to determine which gambling products South Africans may legally access, as gambling is governed by the National Gambling Act and provincial legislation, not the Electronic Communications Act. This follows Malatsi's written Parliamentary response to MP Songezo Gana, in which he said he would engage ICASA to explore consumer-protection measures within its regulatory mandate, though he has not announced a ban or committed to restrictions. Lurie argues that any such attempt would constitute an administrative law and constitutional challenge, likening cellphones to slot machines—both are merely devices through which gambling occurs. He suggests more effective measures would include stronger age verification, enforcement of gambling exclusions, and targeting illegal offshore operators, while warning that restricting one channel could push consumers toward unlicensed platforms.
(Source：Itweb)