Gambling laws 'inconsistent'

Because of inconsistencies between the anti-gambling laws of the different provinces, the ban on certain types of gambling-related novelty games is reportedly being enforced only in Mpumalanga.

While it is now illegal to sell certain categories of games like bingo and roulette sets without a licence in the province, it is perfectly legal for retailers to sell simple sets of playing cards and dice.

"I think it's totally pathetic - these are games, for heaven's sake," said Joao Vilar, whose wife owns a Cardies outlet in Nelspruit. "I phoned the Cardies head office in Johannesburg when I heard about it late last year and they were surprised - they couldn't believe it.

Educating people

"We had placed an order for about R3 000 worth of game sets like roulette and poker and basically had to cancel the whole order. Last year we did quite well with these games - kids were buying them as Father's Day and Christmas gifts for their dads."

Vilar said he did not understand why the gambling board was targeting these particular games. "You can play anything for money - matches, rummy, monopoly, you name it."

The manager of another Nelspruit toy shop, who asked not to be named, said sales had been badly affected by the ban.

"There are a lot of guys, particularly from Mozambique, who want to take these games with them because there's nothing to do there. There's a big demand from that side. For me they're just home entertainment - you should not have to go the casino to play these games," he said.

Andre Otto, acting chief executive of the Mpumalanga Gambling Board, confirmed that it was now illegal for retailers in the province to stock or sell certain gambling-related games without a licence.

"It all depends on how they are packaged," said Otto. "Some of these poker sets, for example, are packaged in such a fashion that it's basically a gambling device, complete with rules on how to gamble, chips etcetera."

But he said selling packs of cards or sets of dice on their own was not illegal.

"We are not going to go into the CNA and tell them they can't sell a pack of cards. They are not packaged as gambling sets. If you just sell dice and plastic chips separately there's no problem," he explained.

But the moment you start packaging these games with rules on how to gamble then you are crossing the Rubicon into the territory of marketing a gambling product, he said.

"Bingo sets? Unfortunately yes, they will fall into the net of being a gambling device."

Otto said differences in the definitions of the anti-gambling laws of the various provinces probably accounted for the fact that there were "lots of inconsistencies" in the way the legislation was being enforced.

He also stressed that officials were not prosecuting toy and gift shop owners found in possession of games such as poker sets.

"We engage with the traders, telling them they need a licence to stock those products and that they must take them off the shelves. We are basically educating people - it's a new thing for them."

However, people found to be unlawfully in possession of fully fledged gambling devices such as slot machines face hefty fines or jail terms of up to 10 years.

National Gambling Board chief executive Thibedi Majake was not available for comment on Friday.