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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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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.
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- The formal casino industry in South Africa evolved in the mid-1990s and was arbitrarily chosen.
- Thaba Moshate offers 8 American Roulette, 1 Poker, and 2 Blackjack tables in smoking and non-smoking areas.
- 74The respondents blur the statutory differentiation between bookmakersand casinos by drawing a distinction between bettingon roulette andbetting on the outcome of roulette.
- A bookmakerunder the Gauteng Act may only accept a fixed oddsbet on thecontingent outcome of a sporting event, defined as set out above.
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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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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 mobile betting app 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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However, during 1997 to 2002, the industry entered a period of rapid development and, by the turn of the century, there were 17 casinos operating from permanent venues, with a further 5 casinos still operating from temporary infrastructure (NGB report, February 2003). In 2002 a further 6 casinos were established and best available records of that time indicate cumulative total capital investment in the casino industry of R11.5 billion. Over the subsequent period up to 2010 a further eight (8) new casinos were established and substantial investment in upgrading and refurbishment was made in existing casinos, leading to cumulative total capital investment of R19.5 billion by 2010.
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Theyemphasised the reference to “competition or game” in theGauteng Act’s definition of “sportingevent”. 21The respondents contended that CASA’s approach that roulettewas defined as a casino game and available to be playedin casinosonly was restrictive, anti-competitive and in contrast to theNational Act, one of the purposes of which is to makegambling moreaccessible. The Ridge Casino brings you the exciting More Cars and Cash promotion with over R3 Million in Cars, Cash and Prizes. Visit, play and earn required points, be part of the weekly Saturdays’ More Cars and Cash Draws at The Ridge.
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- Therespondentsrelied on the National Act whilst CASA contended that it was theGauteng Act.
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For some people gambling can change from being an entertaining and pleasurable activity and become a problem. When that happens, gambling becomes too important in a person’s life and hurt their social and financial well-being, excluding him/herself from their family and their friends to focus on gambling. Spending too much time thinking about gambling and how to beat the odds. We offer a Self Check Quiz that will allow you to determine whether you have a gambling problem.
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- 84The error in the respondents’ reasoning is that a bet on aroulette game or a bet on the outcome of a roulette game isnot a beton a sporting event as required under the Gauteng Act.
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- They both amountto playingroulette as a casino game as defined in the Gauteng Act.
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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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- 18If CASA fails on the first issue, then the second arises forconsideration.
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