South Africa Case Law

Amalgamated Real Estate Principals Group CC t/a Charter Property Sales v The Home Trader (Eastern Cape) (Pty) Ltd t/a East Cape Property Guide (16/CR/Feb07)

Amalgamated Real Estate Principals Group CC t/a Charter Property Sales v The Home Trader (Eastern Cape) (Pty) Ltd t/a East Cape Property Guide (16/CR/Feb07) [2013] ZACT 14; [2013] 1 CPLR 282 (CT) (8 March 2013)

Court

Competition Tribunal

Case number

16/CR/Feb07

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Tribunal dismissed a late amendment condonation application and the underlying complaint referral, finding the dispute was already resolved and lacked a proper competition-law basis.

• Referral Procedure
• Interim Relief
• Advertising Restrictions
• Regulatory Vs Competition Issue
• Competition-law
• Tribunal-procedure

Casino Enterprises (Pty) Ltd v Gauteng Gambling Board and Others (SCA)

Casino Enterprises (Pty) Ltd v Gauteng Gambling Board and Others (SCA) [2011] ZASCA 155; 2011 (6) SA 614 (SCA); [2011] 4 All SA 573 (SCA) (28 September 2011)

Court

Supreme Court of Appeal

Case number

653/10

Judges

Heher, Ponnan, Seriti, Plasket, Petse

The SCA held that internet gambling is regulated where the player is located: South Africans gambling online with a Swaziland casino contravened South African gambling laws.

• Internet Gambling
• Licensing Of Gambling Activities
• Extra Territorial Application
• Advertising Restrictions
• Interactive Gaming
• Statutory Interpretation

Casino Enterprises (Pty) Limited (Swaziland) v Gauteng Gambling Board and Others (28704/04)

Casino Enterprises (Pty) Limited (Swaziland) v Gauteng Gambling Board and Others (28704/04) [2010] ZAGPPHC 89; 2010 (6) SA 38 (GNP) ; [2011] 1 All SA 305 (GNP) (16 August 2010)

Court

North Gauteng High Court, Pretoria

Case number

28704/04

Judge

NB Tuchten

The court held that gambling via the plaintiff's online casino by players physically located in Gauteng constitutes gambling within Gauteng under the Provincial Act. The statutory language and definitions encompass all forms of gaming, including those conducted electronically, and require that gambling within the province occur only at licensed premises and with licensed operators. The acts performed by the gambler in Gauteng—loading software, funding a wallet, selecting a game, and receiving results—are integral to the gambling process and cannot be considered insignificant. The Provincial A…

Source excerpt

• Online Gambling Regulation
• Territorial Jurisdiction
• Provincial Licensing
• Interactive Gaming
• Advertising Restrictions