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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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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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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- 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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- 25The essence of the third to fifth respondents’ argument wasthat betting on roulette games livestreamed from Lithuaniawas notexclusive to roulette as a casino game but was included in thedefinition of ‘sporting event’ in the GautengAct readtogether with the National Act.
- 18If CASA fails on the first issue, then the second arises forconsideration.
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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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- 75The respondents reference to the roulette table and the casinoexperience are of no consequence.
- 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.
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- 31Provisions of nationaland provincial legislation are “inconsistent when they cannotstand at the same time, or cannot standtogether, or cannot both beobeyed at the same time.
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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.
- 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.
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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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