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- The respondents accept that in order for theiroffering to be lawful, the contingencymust fall within thedefinition of sporting event in terms of the Gauteng Act.
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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.
South Africa: South Gauteng High Court, Johannesburg
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.
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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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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.
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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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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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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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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