Eswatini black market
Image - Shutterstock: Hans Malm

As mobile penetration has accelerated across Africa, various markets’ exposure to online gambling operators has elevated at a major rate.

However, there is one market where the transition to regulation has been lethargic and left a concerning void for the exploitation of illicit actors to engage players with iGaming. 

Unlicensed operators have embraced a new era of money integration that, in the absence of regulation, has allowed players to gain an avenue to unlicensed operators in Eswatini.

According to the Times of Eswatini, the country’s legal system is having to make special accommodations as a backlog of legal cases burdens the bureaucratic system.

Such is the scale of the cases that the court infrastructure in the country has faced major challenges in accommodating the problem that continues to be a drain on its economy. 

Furthermore, the challenges are deepened by the myriad layers that the country’s legal systems are forced to confront as they try to deal with unlicensed infrastructure, including money laundering and immigration. 

Eswatini only having one major court is also adding turmoil to the potential progress of the cases, with government stakeholders now being forced to look to alternative venues for the cases to find a conclusion. 

Those being questioned in the illegal gambling cases are reportedly from nations such as Brazil, China, Myanmar, Thailand and the Philippines. 

The country’s 2022 Gaming Act is, in many ways, flawed when it comes to the governance of the current ecosystem, as it mainly focuses on land-based gaming. 

Progress for a centralised monitoring system has been undertaken; however, it has been fairly slow and the blind spots in the system remain for black market exploitation. This has led to a far more urgent approach when it comes to the enforcement of unlicensed operators. 

The influx of cases that are plaguing Eswatini’s legal system should serve to increase the development of a new framework that addresses the rise of online gaming, as the problem only exacerbates further through the growth of the unlicensed market. 

Amongst an abundance of arrests of foreign nationals, hearings have been set throughout May and June as the country looks to rid itself of a bureaucratic backlog in an effective way. 

Comparisons could be made to the market in Botswana, which is at a very different stage of maturity but is still being forced to confront similar problems as a result of digital evolution in the country.

Botswana remains in the midst of a battle against the black market, but is boosted by a relatively developed framework. 

The country has looked to enforce a tax regime in a bid to ensure a strong channelisation rate and thwart the black market.

Botswana has a 10% levy on operators, which is dwarfed by Kenya’s 30% rate and Nigeria, where it reaches 20%. 

This has added to the allure of Botswana as an entry point for operators looking to expand into the African market.  Even with this taxation rate, channelisation rates have proven to be a challenge for Botswana, which underpins the scale of the task facing Eswatini.