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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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.
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.
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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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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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.
89Accordingly, the second review must succeed and the decisions of theBoard to grant the respective permissions to the Supabets’entities and Aardvark be declared unlawful and set aside. 88Given my finding on the first legal issue referred to by CASA, thereis no necessity for me to deal with whether or not theBoard appliedits discretion appropriately in granting the Supabets’ entitiesthe relevant permissions, being the secondlegal issue. 45The National Act defines a “bookmaker” as “a personwho directly or indirectly lays fixed-odd open bets oropen bets withmembers of the public or other bookmakers, or takes such bets withother bookmakers”. 19Accordingly, the respondents have to prove that the Board satisfieditself prior to granting the approval, that the roulettegame waslicensed. Thus the question whether the Board did indeed properlyapply its mind and exercise its discretion in grantingthe approvalarises as part of the second issue. The Mediterranean coast is famous for the zesty lemons that have influenced its cuisine for centuries.
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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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Thus, acceptingfixed odds bets onanything other than sporting events falls outside of the authority ofa bookmaker’s licence under theGauteng Act. Players are still looking at the Kangaroo Wilds and Tree Scatters alongside the Free Spins bonus round, which is essential for the long-term success of the casino. The sale was completed in October of that same year, live casino games offer a unique and exciting online gambling experience. An electrifying nuovo gaming experience awaits you with Stadium Gaming!
