The Ministry of Environment, Forestry and Tourism has given individuals and businesses involved in the lotteries and gaming industries an ultimatum to fully comply with the Lotteries Act and the Gaming and Entertainment Control Act by registering their businesses by 31 August 2023.
This comes as the Ministry on Tuesday declared all forms of betting, including sports betting, in Namibia illegal after it emerged that the Lotteries Board, which falls under the Ministry of Environment, Forestry and Tourism did not receive any applications nor issued any licences to legalise betting activities in Namibia.
In light of this, Environment, Forestry and Tourism Minister Pohamba Shifeta issued a stern warning to the public, cautioning them against participating in any illegal lottery or gambling activities. To ensure compliance, the Ministry has implemented a ban on such practices.
Shifeta emphasised the need for individuals and organisations involved in activities that may fall under the definition of lotteries to familiarise themselves with the Lotteries Act, Act No. 13 of 2017.
The Minister stressed: “The importance of avoiding any breach of the law or its provisions. He warned that individuals and media houses promoting or facilitating illegal activities without verifying their legality with the Lottery Board would be subject to fines and penalties.”
Citing Section 74 (1) of the Lotteries Act, Shifeta outlined the consequences of participating in unauthorised lottery activities, “including conducting, promoting, or benefiting from such lotteries. Offenders may face fines of up to N$4,000,000, imprisonment for a maximum of 20 years, or both”.
He specifically highlighted that fines would be imposed on individuals involved in organising, “promoting, devising, or managing schemes, plans, competitions, arrangements, systems, games, or devices that involve betting, wagering, gambling, or any other game of risk related to lottery outcomes, unless authorised by the Act or any other law”.
Regarding the Gaming and Entertainment Control Act, Shifeta reminded the public that all gambling activities are regulated by Act No. 13 of 2018. He emphasised the need to register gambling machines and activities within the prescribed period and warned that illegal operations would be subject to fines and penalties as outlined in the Act.
“With the transitional period for applications to operate gambling machines and activities ending on 31 August 2023, current operators need to submit their applications to ensure compliance with the law,” he said.
He also encouraged Gambling House licence holders to formalise their operations by applying to the Board for approval or reclassification.
Shifeta assured the public that the Ministry, in collaboration with the Gambling Board of Namibia, will continue to exercise oversight to ensure responsible management and supervision of the gaming and entertainment industry.
“Our primary focus is maintaining a crime-free and safe environment while safeguarding players, the public, license holders, and vulnerable communities from exploitation,” he said.
Shifeta called upon individuals and businesses involved in the lotteries and gaming industries to fully comply with the Lotteries Act, Act No. 13 of 2017, and the Gaming and Entertainment Control Act, Act No. 13 of 2018.
The Minister said non-compliance might also lead to seizure of equipment of unlawful practicing gambling houses and lotteries.
He encouraged those facing challenges to seek assistance and clarification from the respective authorities such as the Lotteries Board.
Section 74 (1) of the Lotteries Act, which addresses general offenses, highlights that participating in, conducting, facilitating, promoting, or benefiting from lotteries, promotional competitions, or sports pools is prohibited unless authorised under the Act.
In addition, the Ministry has taken steps to protect minors by prohibiting schools from distributing raffle tickets to underage individuals, aiming to prevent their exposure to illegal methods of generating money.
