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- Accordingly, in order to conduct orcarry on thebusiness of a casino, it is necessary to hold a casino licence tooperate and conduct casino games including roulette.
- The natural and ordinarymeaning of“usually attended by the public” refers to attendance bythe fee paying public in the form of spectatorsat the event.
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16CASA and the respondents (“the parties”), agreed thatboth reviews centred on two substantive questions of law,therelevant facts of which were largely common cause. 23The respondents contended that the proper interpretation of thedefinition of “sporting event” in the Gauteng Actwas notthe restrictive definition applied by CASA. We were thoroughly impressed by 888 Poker’s performance, online casino king as well as a loyalty program for frequent players.
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60Roulette cannot be considered to be a ball-game such as tennis orsoccer and roulette has no sporting or athletic characteristicsinthe sense of a true sporting or athletic event. 34The Board, the decisions of which are under review herein, isconstituted and empowered under the Gauteng Act. 29Gambling in Gauteng is regulated under both the National Act and theGauteng Act. This is because gambling is a functionalarea referredto in Part A of Schedule 4 of the Constitution together with casinos,racing and wagering but excluding lotteriesand sports pools. Theheading to Schedule 4 is ‘Functional Areas of ConcurrentNational and Provincial LegislativeCompetence’. Accordingly,functional areas falling under Part A of Schedule 4 are subject tolegislation passed by both parliamentand the relevant provinciallegislature.
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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.
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- Each province is empowered to regulate these functionalareas differently and the GautengLegislature has exercised thatpower in terms of the Gauteng Act.
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- Theheading to Schedule 4 is ‘Functional Areas of ConcurrentNational and Provincial LegislativeCompetence’.
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- 19Accordingly, the respondents have to prove that the Board satisfieditself prior to granting the approval, that the roulettegame waslicensed.
- 5 The second respondent is the Chairperson of the Board, appointed interms of s5(3) of the Gauteng Act.
- 29Gambling in Gauteng is regulated under both the National Act and theGauteng Act.
- In any event,the nationallegislature, Parliament, retains oversight in terms of the NationalAct.
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- 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.
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Furthermore, that ifthe meaning to be attributed to “sportingevent” isconfined to an activity involving physical exertion by theparticipants, then the words “competition or game”after“contest” are superfluous as a contest by definitionincludes a competition or a game. 50The respondents contended that the applicant sought to “thinkaway” the comma after “sporting contest”in thedefinition of sporting event. The respondents argued that the commaserved to distinguish “sporting contest”from “game”,competition and the balance of the definition including beautycontest.
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- 11.2.3 Insofar as may benecessary, reviewing and setting aside the Board’s decisiondated 2 March 2018, that Supabetsdid not act contrary to theprovisions of s39 and s76 of the Gauteng Act.
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The second respondentisresponsible for convening the first respondent’s meetings interms of s11 of the Gauteng Act, at which meetings decisionsinrespect of overseeing and controlling gambling activities in Gautengmay be taken. 2 The applicant in both applications is the Casino Association of SouthAfrica (“CASA”), a voluntary associationhaving perpetualsuccession and the power to sue and be sued in its own name. CASA’sobjectives include providing a forumfor the promotion of the casinoindustry in South Africa and guarding the interests of CASA’smembers. Perfectly timed to close off Women’s Month, this one-night-only concert pays tribute to the legends of soul while celebrating the queens who have shaped the music industry.
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.
