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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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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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  • 58In addition, a sporting event is defined as referring to such eventsthat attract public interest.
  • 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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  • 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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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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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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  • 86Thus, I find that there is no difference between betting on rouletteand betting on the outcome of roulette.

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In any event,the nationallegislature, Parliament, retains oversight in terms of the NationalAct. The Supabets’ entities are obligedto comply with both theGauteng Act and the National Act. It does not assist the respondentsto comply with the National Act only. 58In addition, a sporting event is defined as referring to such eventsthat attract public interest. The natural and ordinarymeaning of“usually attended by the public” refers to attendance bythe fee paying public in the form of spectatorsat the event. 51The respondents referred to the inclusion of ‘’beautycontest’’ in the definition of sporting eventas anindication that a wide interpretation should be given to “sportingevent,” and that the latter should not belimited to an eventrequiring physical exertion of the participants.

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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.

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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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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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