South African Gambling Legislation: Protecting Families from Problem Gambling
The South African gambling legislation currently focuses on the protection of players, industry integrity, and revenue generation, but does not specifically address issues related to problem gambling within families. This article explores the unintended consequences of excessive gambling and recommends actions for the gambling sector to better safeguard families.
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THE EXTENT TO WHICH SOUTH AFRICAN GAMBLING LEGISLATION PROTECT FAMILIES FROM PROBLEM GAMBLING. Luvuyo Tshoko (Mr.) Head: Strategic Management Services, Responsible Gambling & Public Education; Research & Development Portfolio 21 November 2020 1
CONTENTS 1) Introduction 2) South African gambling legislation. 3) International Literature on gambling and un-intended consequences of harmful and excessive gambling. 4) Some Inferences from the International Literature Review 5) Gambling As An Evasive Act 6) Recommendations for the gambling sector . 2
INTRODUCTION I extend my warm greetings from the province of the Eastern Cape. The webinar is taking place at a time that our Motherland is experiencing a second ongoing pandemic on gender, domestic and family-based violence as a scourge that seem to be unprecedented. The leadership of the Foundation has thus requested me to share some insights on the extent that the South African gambling legislation protect families from problem and excessive gambling. 3
INTRODUCTION, continued Putting a context on this matter, is whether the regulated gambling space does consequences of excessive and irresponsible gambling that may be linked to family, domestic and gender-based violence. address the un-intended 4
SOUTH AFRICAN GAMBLING LEGISLATION 1) Currently the South African gambling legislation and various regulations do not address this matter as it has not been a focus. 2) The focus has been and is still on: The protection of players and integrity and fairness of the industry through the strict control and supervision of the industry; The uniformity and harmonization of policy and legislation at all levels of government and across provinces through minimum norms and standards, co-operation and co- ordination; 5
SOUTH AFRICAN GAMBLING LEGISLATION The generation of revenue and taxes for provincial government and for good causes; The economic empowerment disadvantaged; The promotion of economic growth, development and employment. 3) The original objective of gambling legislation, was to ensure the protection of the public against potentially harmful effects of gambling, the protection of licensed gambling activities against competition from unlicensed operations, and the protection of the income which state derives from the licensing of gambling. of the historically 6
SOUTH AFRICAN GAMBLING LEGISLATION 4) The South African gambling legislation including a number of regulations is silent on this aspect and I hope that, the outcomes of this webinar may trigger a process to engage on the need to amend the National Gambling Act as well as the various Provincial Gambling Act 7
OTHER PIECES OF LEGISLATION & INSTRUMENTS. 1) Prevention of Family Violence Act, No 133 of 1993 and the Domestic Violence Act, No. 1998 are also very silent on the harmful effects of excessive and irresponsible gambling and the un-intended consequences that may lead to family, domestic and gender-based violence. 2) The Social Services Professions Act, 1978 (Act No. 110 of 1978) is another piece of legislation that provides for the regulation of scope of social work practice which does not include gambling related harmful effects as a potential contributor to family, domestic and gender-based violence. 8
OTHER PIECES OF LEGISLATION & INSTRUMENTS. 3) The National Strategic Plan on Gender-Based Violence & Femicide Human Dignity and Healing, Safety, Freedom & Equality in Our Lifetime (2019)is one instrument that attempts to mitigate these social ills in our community. 4) The gambling industry (subject to correction), especially the Provincial Gambling Regulatory Authorities did not participate in the process that culminated in the development of this National Strategic Plan. 5) Gambling regulators appear to be exclusive, there has been no exploration and engagement to influence the inclusion of gambling harm as a schedule, definition or part of regulations of these two pieces of legislation. 9
SOME INTERNATIONAL LITERATURE ON HARMFUL EFFECTS OF EXCESSIVE GAMBLING. 1) In 2014, the Australian Gambling Research Centre conducted research on the link between family violence and harm from gambling revealed that: family violence is three times more likely to occur in families where there is problem gambling than in families in which there are no gambling problems 2) Research by the Women s Information and Referral Exchange (WIRE 2007) into women experiencing problem gambling and isolation suggests that some women who are experiencing family violence use gaming venues as a safe space away from home. 10
SOME INTERNATIONAL LITERATURE ON HARMFUL EFFECTS OF EXCESSIVE GAMBLING. 2.1) N Dowling, The impact of gambling problems on families:AGRC discussion paper no. 1 November 2014 (webpage) 2014, https://www3.aifs.gov.au/agrc/publications/impact-gambling-problems- families/what-are-impacts-gambling-problems-families(accessed14 February 2017). 2.2)NA Dowling, C Ewin, GJ Youssef, SA Thomas, & AC Jackson Problem gambling and family violence: Findings from a population representative community study. Manuscript in preparation. 2016. 2.3) N Dowling, A Suomi, A Jackson, T Lavis, J Patford, S Cockman, S Thomas, M Bellringer, J Koziol-McIain, M Battersby, P Harvey & M Abbott. Problem gambling and intimate partner violence: A systematic review and meta- analysis ,Trauma, Violence, and Abuse, vol. 17, no. 1, 2014, pp. 1-19. 11
SOME INTERNATIONAL LITERATURE ON HARMFUL EFFECTS OF EXCESSIVE GAMBLING. 2.4) Suomi et al. Asian Journal of Gambling Issues and Public Health 2013, 3:13 Problem gambling and family violence: family member reports of prevalence, family impacts and family coping. 2.5) Women s Information and Referral Exchange. Opening doors to women: Assistance for organisations working with women experiencing problem gambling and isolation.Melbourne: WIRE. 2007. 2.6) Professor Nerilee Hing, The relationship between gambling and domestic violence against women, European Association for Gambling Studies Conference; Malta, 11-14 September 2018. 12
SOME INFERENCES FROM THE INTERNATIONAL LITERATURE REVIEW. International literature regarding this matter including reasons provided by those who apply to be excluded (self-exclusions) from gambling operations and activities, does suggest that:- 1) Gambling problems affect the functionality of family and intimate relationships. 2) Gambling problems affect intimate partners, as well as other family members including children, parents, siblings and grandparents. 3) Impaired family relationships, emotional problems and financial difficulties are some of the most common impacts on family members of people with gambling problems. 13
SOME INFERENCES FROM THE INTERNATIONAL LITERATURE REVIEW. 4) The children of problem gambling parents are at a much higher risk of developing gambling problems than the children of non- problem gambling parents. 5) Financial abuse is also a form of domestic violence. When gamblers are too in deep with the addiction, they will stop at nothing just to hog all the money for themselves in the process, depriving the family of the money that they need and even physically harming them if they get in the way. 14
GAMBLING AS AN EVASIVE ACT UNINTENDED CONSEQUENCES REGULATORY FRAMEWORK Maximization of revenue & Ease of Access to Gambling THRUST 15
RECOMMENDATIONS FOR THE GAMBLING SECTOR 1) Increase and or enhance empirical research on harmful effects of irresponsible gambling and the resultant un-intended consequences of family, domestic and gender-based violence. 2) Monitor and collect data on both family, domestic and gender- based violence and gambling harm (including financial losses) through the self-exclusion programme and ensure this information is readily accessible to policy makers and planners with all necessary confidentiality protocols. 3) Develop a comprehensive policy to address un-intended consequences of family, domestic and gender-based violence as a result of excessive and irresponsible gambling. 16
RECOMMENDATIONS FOR THE GAMBLING SECTOR 4) Amend the current National and Provincial Gambling Act to include clear regulations, processes and codes of practice to deal with harmful effects of excessive and irresponsible gambling as a measure to mitigate family, domestic and gender-based violence. 5) Engage and Liaise with National Department of Social Development, Women, youth and persons with disabilities, and Justice and Constitutional Development regarding possible amendments to pieces legislation they are managing to ensure that harmful effects of excessive gambling find expression and are regulated accordingly. 6) Collaborate with local community organisation and develop advocacy efforts to reduce the harm of gambling and its un-intended consequences related to family, domestic and gender-based violence. 17
RECOMMENDATIONS FOR THE GAMBLING SECTOR 7) The sector has to be seen to be participating in the discourse to prevent these harmful effects by engaging in interventions that seek to address harmful effects that may lead to family, domestic and gender violence as a result of excessive and irresponsible gambling. 18
