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- 50The respondents contended that the applicant sought to “thinkaway” the comma after “sporting contest”in thedefinition of sporting event.
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- Therespondentsrelied on the National Act whilst CASA contended that it was theGauteng Act.
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In those circumstances and in the absenceof anycompelling consideration to the contrary, I must presume, that theGauteng Legislature intended that roulette, (given itsinclusion inthe definition of casino game), be conducted as a casino game only. Our casino complex is constantly alive with excitement and energy. Enjoy thrilling entertainment, dining and gaming at our precinct.
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Thus, acceptingfixed odds bets onanything other than sporting events falls outside of the authority ofa bookmaker’s licence under theGauteng Act. Players are still looking at the Kangaroo Wilds and Tree Scatters alongside the Free Spins bonus round, which is essential for the long-term success of the betika withdrawal casino. The sale was completed in October of that same year, live casino games offer a unique and exciting online gambling experience. An electrifying nuovo gaming experience awaits you with Stadium Gaming!
As you progress from Gold through to Diamond and Black you’ll discover exciting rewards and exclusive benefits, such as discount on hotel accommodation, free weekend stays, exciting tier based promotions and exclusive birthday vouchers. 86Thus, I find that there is no difference between betting on rouletteand betting on the outcome of roulette. They both amountto playingroulette as a casino game as defined in the Gauteng Act. 74The respondents blur the statutory differentiation between bookmakersand casinos by drawing a distinction between bettingon roulette andbetting on the outcome of roulette. 65In addition, the rule against redundancy militates against roulettebeing both a casino game and simultaneously falling withinthedefinition of sporting event.
79Applying the definitions under the National Act and the definition of“contingency” in the Operational Rules, therespondentsconclude that it is lawful for a bookmaker to offer bets on a“contingency” outside of a sporting eventor ahorseracing event. 75The respondents reference to the roulette table and the casinoexperience are of no consequence. The location of theroulettetable within a casino and the attributes of a casino prioritise formover substance and thus are of no value. Equally,the location of thegame or the medium used to participate in the game is not important.It is the nature of the game that determinesthe outcome. 72The nature of licences issued under the National Act are not relevantto the issues in this matter. The National Act, effectively,leavesthe licensing of casinos and bookmakers in the respective provincesto the relevant provincial legislatures.
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- 4.2 The first,third, fourth and fifth respondents are ordered to pay the costs ofthe review jointly and severally the onepaying the others to beabsolved.
- 65In addition, the rule against redundancy militates against roulettebeing both a casino game and simultaneously falling withinthedefinition of sporting event.
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The formal casino industry in South Africa evolved in the mid-1990s and was arbitrarily chosen. In 1994, a total of nine (9) casinos existed and were all located in the previous TBVC (Transkei, Bophuthatswana, Venda and Ciskei) states. Most of these were built in the 1980s, the first being Sun City which opened in December 1979. In the period prior to the passing of the National Gambling Act of 1996, namely 1994 to 1996, not much happened in terms of casino infrastructure investment.
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26The Board largely agreed with the arguments of the third to fifthrespondents and asserted that the Supabets’ entitiesdid notcontravene the provisions of s39 and s76 of the Gauteng Act butmerely introduced a contingency type without prior approvalof theBoard. 11.4 Costs against the first respondent, jointly and severally with thesecond respondent in the event of the latter opposingtheapplication, which the second respondent did not do. 8 The fifth respondent is Intelligent Gaming (Pty) Ltd (“IntelligentGaming”), the distributor of a bettingsoftware system,Aardvark Betting Software Version 1.0 (“the Aardvark system”).Intelligent Gaming is cited for suchinterest as it might have inthese proceedings. 6 The third respondent is Portapa (Pty) Ltd t/a Supabets (“Supabets”),the holder of a bookmaker’s licencein terms of chapter 9 ofthe Gauteng Act, issued to Supabets by the Board under the GautengAct. 5 The second respondent is the Chairperson of the Board, appointed interms of s5(3) of the Gauteng Act.
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Accordingly, roulette is defined underthe Gauteng Act specifically as a “casino game”availableto be played in casinos. 44Chapter 9 of the Gauteng Act regulates bookmaker licences. Section 55of the Gauteng Act provides that a bookmaker’slicence shallauthorise the accepting, on the licensed premises concerned, of fixedodds bets on sporting events.
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- 23The respondents contended that the proper interpretation of thedefinition of “sporting event” in the Gauteng Actwas notthe restrictive definition applied by CASA.
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They are not inconsistent when it ispossible to obey each without disobeyingeither. There is noprincipal or practical reason why such provisions cannot operatetogether harmoniously in the same field,’’2as is the case in this matter. 27The parties differed on the correct starting point in considering thepowers of bookmakers relative to those of casinos andthe extent ofthe activities that both bookmakers and casinos are entitled toundertake, being the core issue in this matter. Therespondentsrelied on the National Act whilst CASA contended that it was theGauteng Act.
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89Accordingly, the second review must succeed and the decisions of theBoard to grant the respective permissions to the Supabets’entities and Aardvark be declared unlawful and set aside. 88Given my finding on the first legal issue referred to by CASA, thereis no necessity for me to deal with whether or not theBoard appliedits discretion appropriately in granting the Supabets’ entitiesthe relevant permissions, being the secondlegal issue. 45The National Act defines a “bookmaker” as “a personwho directly or indirectly lays fixed-odd open bets oropen bets withmembers of the public or other bookmakers, or takes such bets withother bookmakers”. 19Accordingly, the respondents have to prove that the Board satisfieditself prior to granting the approval, that the roulettegame waslicensed. Thus the question whether the Board did indeed properlyapply its mind and exercise its discretion in grantingthe approvalarises as part of the second issue. The Mediterranean coast is famous for the zesty lemons that have influenced its cuisine for centuries.