Lawyer says telecoms regulator cannot decide which mobile gambling is legal
A gaming law attorney told Business Day that telecoms rules cannot decide which gambling on mobile phones is lawful, because that power sits with gambling legislation and regulators. No ban or new ICASA rule has been announced.
Most South African players place bets on a phone, so any talk of network level rules matters. This debate is about who has the power to act, not about a change that affects you today. Online casino sites that accept South African players remain offshore licensed, so the practical advice is unchanged: check the licence and read our reviews before you deposit.
What the lawyer said
Business Day reported on 12 October 2026 that gaming law attorney Wayne Lurie believes telecoms regulation cannot be used to decide which forms of gambling on mobile phones are lawful. His point is that a bet does not become unlawful just because it is placed on a cellphone, and that using a mobile network does not give the communications minister the power to decide which gambling products South Africans may access.
Lurie also noted that the minister has not announced a ban on gambling through mobile phones. In his reading, Solly Malatsi is looking at what the Independent Communications Authority of South Africa (ICASA) can lawfully do within its existing powers, which he called a legitimate exercise.
Who regulates gambling
According to Lurie, the constitution gives legislative authority over gambling and wagering to national and provincial government. The National Gambling Act and provincial laws set up licensing, supervision and enforcement, with provincial gambling authorities and the National Gambling Board carrying the statutory duties. A transaction that happens over a mobile network does not move those duties to ICASA, he argued.
The article repeats that online sports betting with licensed bookmakers is legal, while the National Gambling Board has said interactive gambling such as online casino games remains illegal in South Africa. It also cites research commissioned by the South African Bookmakers Association (Saba) from Yield Sec, which found that illegal platforms make up about 62% of the online gambling market. That is a figure reported by an industry body, so treat it as one side's estimate.
What it means for South African players
Nothing changes today. There is no new ban, blocking order or ICASA rule, and the minister's own written reply, covered in our earlier brief, only promised talks.
- The lawfulness of a gambling product depends on the product and the operator's licence, not the device you use.
- Lurie warned that limiting one way of buying gambling vouchers could simply shift how people pay, and might push some towards unlicensed operators.
- Sites that accept South African players are generally licensed offshore, so check each operator's licence on our review pages before depositing.
What to watch next
- Whether ICASA says anything publicly after talking to the minister.
- Whether the planned online gambling bill, which the trade minister has said should reach Cabinet in late 2026, addresses payment channels.
- Any response from the National Gambling Board or provincial regulators on the question of who has authority.
Gambling is entertainment with a real risk of loss. If it stops being fun, take a break and speak to someone you trust.