Accordingly, “sporting contest”stood apart froma game or competition, from a ball-game and a race. 18If CASA fails on the first issue, then the second arises forconsideration. The latter is whether the Board properly applieditsdiscretion when it decided to grant Supabets and Supaworld (“theSupabets’ entities”), permission to actin the impugnedmanner, in that the roulette game livestreamed from Lithuania must bea licensed roulette game. The Supabets’entities accept thatthe roulette game livestreamed from Lithuania, in order to be lawful,has to be a licensed roulette game. Do not miss out on a chance to win the progressive jackpot at The Ridge Casino Every Tuesday & Sunday. It is anybody’s game, R20 buy-in for one ticket to choose your 9 lucky numbers.
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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. 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. Fbm e motion casino no deposit bonus 100 free spins video poker isn’t on this list just because it is my favorite casino game, you also only get 10 free spins. A chance to be randomly selected when you actively play on Wednesdays during draw times or qualify for draw entries on Thursdays as per your total visits, 7 days prior to each draw date.
53The definition of a “sporting event,” as the termimplies, refers to a sporting or athletic event. The nature ofasporting event is determined by the nature of the specific activityinvolved in the event. A ball-game or a race by their verynaturerefer to athletic or sporting activities, being those involvingphysical exertion by the participants.
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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.
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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15Supabets, during 2018 or thereabouts, commenced accepting fixed oddsbets on a live roulette game streamed from a roulettetable inLithuania. CASA argued that roulette is legislatively defined as acasino game and that fixed odds bets can only be offeredby theholder of a casino licence issued by a South African gamblingauthority. The Board’s subsequent decisions to approvetheacceptance of fixed odds bets on a contingency, being the outcome ofthe livestreamed roulette game from Lithuania, and approvetheinstallation of the Aardvark System, are the crux of the reviews. Join the Winners Circle loyalty program for exclusive perks tailored to your playing style.
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According to the Board,the Supabets’entities do not offer bets on roulette but on the outcome ofroulette, being a bet on a lawful contingency.Due to the bet being abet on a lawful contingency, the Supabets’ entities’bookmaker licences permit bets on the outcomeof roulette games. 54The use of the word“including” in the phrase “race (including a raceinvolving…)” serves to broaden8the definition of “sporting event” by including othertypes of races beyond those involving animals or cars. 46It is evident from the various definitions quoted above, that casinosare defined under the Gauteng Act as places where “casinogames” are available to be played for money or other valuablegambled on the possibility of a return.
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- The nature ofasporting event is determined by the nature of the specific activityinvolved in the event.
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- The Supabets’entities accept thatthe roulette game livestreamed from Lithuania, in order to be lawful,has to be a licensed roulette game.
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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.
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- 3 This definition is subject to certain exceptions that are not relevant hereto.
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- When compulsive gambling brought me to my knees, the NRGP was there to assist with treatment expenses, which I otherwise would not have been able to afford.
- CASA’sobjectives include providing a forumfor the promotion of the casinoindustry in South Africa and guarding the interests of CASA’smembers.
- 44Chapter 9 of the Gauteng Act regulates bookmaker licences.
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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.
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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- 47Given the definition of “conduct” in the Gauteng Act, itis necessary under the Gauteng Act to hold a casino licencein orderto conduct or carry on the business of a casino and to operate andconduct casino games, including roulette.
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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. 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.
In any event,the nationallegislature, Parliament, retains oversight in terms of the NationalAct. The Supabets’ entities are obligedto comply with both theGauteng Act and the National Act. It does not assist the respondentsto comply with the National Act only. 58In addition, a sporting event is defined as referring to such eventsthat attract public interest. The natural and ordinarymeaning of“usually attended by the public” refers to attendance bythe fee paying public in the form of spectatorsat the event. 51The respondents referred to the inclusion of ‘’beautycontest’’ in the definition of sporting eventas anindication that a wide interpretation should be given to “sportingevent,” and that the latter should not belimited to an eventrequiring physical exertion of the participants.
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- 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.
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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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