High Court Enforces Legal Obligations Under 2018 Gambling Act
The High Court has affirmed that all gambling operators must comply with levy payments outlined in the Gaming and Entertainment Control Act of 2018. This long-anticipated judgment aims to enforce regulatory compliance and bring much-needed order to an industry plagued by unregulated operators and widespread non-compliance.
Under Section 62 of the Act, license holders including casinos and gambling houses—are required to pay levies calculated on their gross income at prescribed rates, submitted within legally specified timeframes. While these legal obligations have existed since 2018, enforcement has been lax. As of early 2023, only 3.4% of Namibia’s estimated 13,668 gambling operators had formally registered with authorities—leaving over 12,000 operating without legal oversight
Industry Pushback Amid Financial Strain
The Gambling House Association of Namibia (GHAN), representing 71 licensed operators, has voiced strong opposition to the levies, citing declining revenues and unfair competition from illegal gambling houses. GHAN reports that its members have suffered substantial income losses over the past six years, with legal operators shouldering the burden of compliance while unlicensed establishments evade regulation and fees
In response, GHAN approached the Windhoek High Court, seeking relief from some of the regulatory costs and calling for stronger crackdowns on illegal operators. Their position underscores broader frustrations within the industry, where legal businesses face rising operational costs in an increasingly unregulated market.
Government Reaffirms Regulatory Authority
Environment Minister Pohamba Shifeta has reiterated that the levies are fundamental for regulating and monitoring gambling activities, emphasizing that oversight lies with the independent Gambling Board of Namibia. The government has also declared that all betting activities, including sports betting, are illegal unless conducted by duly registered and licensed entities.
A Turning Point for Namibia’s Gambling Industry
The High Court’s ruling clearly states that regulatory compliance is non-negotiable. While licensed operators face increased short-term costs, the judgment could pave the way for a more transparent and fair gambling ecosystem. The focus now shifts to enforcement, cracking down on illegal gambling houses and ensuring all operators contribute to public revenue streams to support regulatory functions and social programs.
If effectively implemented, the decision may level the playing field and restore balance to an industry that, for too long, has operated in legal grey areas.
