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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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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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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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