South Africa Case Law

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

Casino Enterprises (Pty) Ltd (Swaziland) v Gauteng Gambling Board (91/07)

Casino Enterprises (Pty) Ltd (Swaziland) v Gauteng Gambling Board (91/07) [2008] ZASCA 31 (28 March 2008)

Court

Supreme Court of Appeal

Case number

91/07

Judges

Howie, Mpati, Nugent, Hurt, Snyders

The Supreme Court of Appeal held that the exception to an online casino's declaratory claim was wrongly upheld and dismissed it.

• Online Gambling Regulation
• Declaratory Relief
• Exception Procedure
• Licensing Requirements
• Online-gambling-regulation
• Declaratory-relief