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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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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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- 23The respondents contended that the proper interpretation of thedefinition of “sporting event” in the Gauteng Actwas notthe restrictive definition applied by CASA.
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- 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.
- In any event,the nationallegislature, Parliament, retains oversight in terms of the NationalAct.
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- 5 The second respondent is the Chairperson of the Board, appointed interms of s5(3) of the Gauteng Act.
- 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.
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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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They are not inconsistent when it ispossible to obey each without disobeyingeither. There is noprincipal or practical reason why such provisions cannot operatetogether harmoniously in the same field,’’2as is the case in this matter. 27The parties differed on the correct starting point in considering thepowers of bookmakers relative to those of casinos andthe extent ofthe activities that both bookmakers and casinos are entitled toundertake, being the core issue in this matter. Therespondentsrelied on the National Act whilst CASA contended that it was theGauteng Act.
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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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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 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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