MER Clarifies Position On SCA Ruling Regarding Bookmaker Contingencies
31/10/2025, White River: The Mpumalanga Economic Regulator (MER) issues this statement to clarify its regulatory position, in response to numerous enquiries from current and prospective licensees, industry stakeholders, and the public, following the Supreme Court of Appeal (SCA) judgment in Portapa (Pty) Ltd t/a Supabets and Others v Casino Association of South Africa and Another (182/2024; 215/2024) [2025] ZASCA 158.
The case concerned an appeal against a High Court judgment which held that, in terms of the Gauteng Gambling Act, 1995 (Act No. 4 of 1995), bookmakers are not permitted to offer bets on the outcomes of roulette, as it is a casino game and not a sporting event.
The SCA upheld the High Court’s decision, confirming that roulette does not fall within the definition of “sporting activity” under the Gauteng Act, and that offering fixed-odds bets on casino games, including roulette, is unlawful. The Court further concluded that, while other provinces may allow bookmakers to offer bets on a broader range of contingencies, the Gauteng Gambling Act specifically limits such contingencies to sporting events.
Read Also: WCGRB’S Position on THE SCA Judgment Concerning Contingencies Offered by Bookmakers
The SCA judgment was based on the specific facts and legislative framework applicable to Gauteng Province and the submissions made by the parties involved. Importantly, and contrary to certain media commentary, the Court did not consider or pronounce on online or interactive gambling. The decision must therefore be understood within its legal and provincial context, as it does not alter the legislative frameworks of other provinces.
The MER confirms that, under the Mpumalanga Gambling Act, 1995 (Act No. 5 of 1995), read with the National Gambling Act, bookmakers licensed in Mpumalanga are permitted to offer bets on any lawful contingency. The SCA ruling does not affect the current betting offerings or contingencies available under Mpumalanga’s legal framework. The SCA also reaffirmed that provincial legislation governs matters related to casinos, racing, gambling, and wagering, except where the National Act requires uniformity in terms of Section 146(2) and (3) of the Constitution.
