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.
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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- 80The respondents argued that the National Act and the Gauteng Actpermit bookmakers to offer bets on sports events and otherlawfulcontingencies, events or occurrences of which the outcome is unknownto any person until it happens.
- 38“Casino” isdefined under the National Act as “premises where gamblinggames are played, or are available to be played.”3“Gambling game” is defined under the National Act as “anyactivity described as such in Section 5”.
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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.
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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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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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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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.
- 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.
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- 16CASA and the respondents (“the parties”), agreed thatboth reviews centred on two substantive questions of law,therelevant facts of which were largely common cause.
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- Most of these were built in the 1980s, the first being Sun City which opened in December 1979.
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- 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.
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.
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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 Ethiopian betting site 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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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.
Casino Association of South Africa v Portapa (Pty) Ltd t/a Supabets and Another (9547/2018 ; 38099/ ZAGPJHC 625 (5 June
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.