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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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- 44Chapter 9 of the Gauteng Act regulates bookmaker licences.
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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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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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- 47Given the definition of “conduct” in the Gauteng Act, itis necessary under the Gauteng Act to hold a casino licencein orderto conduct or carry on the business of a casino and to operate andconduct casino games, including roulette.
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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.
- 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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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.
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- 11.2.3 Insofar as may benecessary, reviewing and setting aside the Board’s decisiondated 2 March 2018, that Supabetsdid not act contrary to theprovisions of s39 and s76 of the Gauteng Act.
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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.
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However, during 1997 to 2002, the industry entered a period of rapid development and, by the turn of the century, there were 17 casinos operating from permanent venues, with a further 5 casinos still operating from temporary infrastructure (NGB report, February 2003). In 2002 a further 6 casinos were established and best available records of that time indicate cumulative total capital investment in the casino industry of R11.5 billion. Over the subsequent period up to 2010 a further eight (8) new casinos were established and substantial investment in upgrading and refurbishment was made in existing casinos, leading to cumulative total capital investment of R19.5 billion by 2010.
A big thank you to the NRGP, for their unremitting support since 2014. When compulsive gambling brought me to my knees, the NRGP was there to assist with treatment expenses, which I otherwise would not have been able to afford. Their continued support, since, has included unlimited counsel by way of psychiatric and psychology care, both of which have included professional, yet nurturing guidance. I experience peace-of-mind knowing that the NRGP commits itself to making available these critical resources precisely because they avail themselves to an investment into my well-being. All this has afforded me a supportive recovery from an otherwise deadly compulsion.
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