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39“Conduct” is defined in the Gauteng Act as “tocarry on the business, to control, to direct, to keep, tomanage, tooversee or to own and ‘maintain’ has a correspondingmeaning”. 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. 22The respondents referred to the definition of “sporting event”in the Gauteng Act read with s4(1)(b) of the NationalAct.
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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.
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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- 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.
- 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.
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- 58In addition, a sporting event is defined as referring to such eventsthat attract public interest.
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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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With 40 dedicated parking bays, accessing the Privé Lounge is easier than ever. 20The respondents argued that the game offered by the Supabets’entities comprises fixed odds bets on the contingency ofwhere a ballwould drop or a wheel would stop, in terms of the provision for‘games’ in the National Gambling Act,7 of 2004 (‘theNational Act’). The respondents accept that in order for theiroffering to be lawful, the contingencymust fall within thedefinition of sporting event in terms of the Gauteng Act. However, Roulette Xtra also offers a new visual experience for players which certainly elevates the level of excitement during the game. The game incorporates Blaze patented LED surface technology, that displays unique ‘attract sequences’ and custom-themed animations, while also highlighting the Roulette Xtra multiplier bets and winning numbers.
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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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