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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.
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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.
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.
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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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.
- 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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- 69 Accordingly, roulette, defined as it is as a casino game,cannot be both a casino game and a sporting event simultaneously.
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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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- 65In addition, the rule against redundancy militates against roulettebeing both a casino game and simultaneously falling withinthedefinition of sporting event.
- 4.2 The first,third, fourth and fifth respondents are ordered to pay the costs ofthe review jointly and severally the onepaying the others to beabsolved.
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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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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.
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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