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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- 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.
- 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.
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.
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- 82In so far as the respondents argued that CASA’s interpretationof “sporting event” conflicts with the NationalAct, theNational Act provides that a bet in respect of a bookmaker includes afixed-odds bet on any contingency.
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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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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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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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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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