In terms of the Provincial Act, and particularly section 71 1 thereof, advertising for gambling in the Province is prohibited unless the advertiser holds a swaziland gambling board gambling licence in terms of the Provincial Act.
The preamble to the Provincial Act reads: It comprises a population of over 1. The question I must determine is whether any of what happens in Gauteng is hit by the legislation in question.
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The swaziland gambling board consequences in the present context include the unregulated access to gambling, the movement of money out of South Africa with no concomitant local benefit and the potential loss of revenue from taxation and from license fees.
That is exactly what the plaintiff alleges that it makes available to gamblers in the Province. They Intended to cast it as widely as possible.
The purposes are broadly similar. This is absurd because it makes all of cyberspace subject to the law of the state. If under our law our courts have jurisdiction, no absurdity arises, regardless of whether another state may also claim jurisdiction.
The purposes of the Provincial Act and the National Act can be established from their respective preambles. The gambler's involvement, so runs the submission, is an "Insignificant portion of the entire gambling process" 14 which does not create a real and substantial link from a jurisdictional perspective as that concept la used in international law.
A further issue which arises is whether, at a discretionary level, the declarators, or any of them, should issue. A gambler who is losing and who continues playing does so in the hope that his or her luck will change.
By notice of motion dated 29 Octoberthe plaintiff launched an application for orders declaring that to the extent that gamblers in Gauteng gamble on the plaintiffs online casinos in accordance with the procedures specified by its expert Mr Verardi, such swaziland gambling board takes place legally in Swaziland and not in Gauteng in any manner that contravenes the Provincial Act and that any advertising occurring in Gauteng in respect of the plaintiffs "casino in Swaziland" is not unlawful and does not constitute a contravention of the provisions of s71 1 of the Provincial Act.
The plaintiff does not hold any license under the Provincial or the National Act.
The section prohibits engaging in or making available the game as a whole, swaziland gambling board matters not in my view whether the critical elements are to be found or are generated within the borders of South Africa or not Section 11 proscribes in my view both engaging in the game, which happens each time a garnbler presses the spin button, and making available the game, which takes place at least when the plaintiffs servers in Swaziland make it possible for the gambler in Gauteng to connect interactively with them though the Internet.
Prof Hazelhurst says that on an academically rigorous analysis, what takes place in Gauteng both before and after the plaintiffs servers in Swaziland are engaged, is not part of an atomic unit of work because none of this has any effect on what happens in Swaziland.
CASE NO 91/07
In my view the flaw in the argument is the following: AND whereas it is recognised that gambling and betting are privileged activities which should stimulate the creation of employment opportunities and assist in the advancement of deprived communities, lawrence county casino location thereby promote the improvement of the quality end standard of living of the people of the Province; AND WHEREAS gambling and betting can be a significant source of public revenue for the Province, and so contribute to the well-being of all its people In the general interest; AND WHEREAS the special risks and dangers entailed by Opportunities for gambling and betting justify the imposition of appropriate restrictions, regulations and controls It therefore requires of the court to declare actions legitimate which the legislature has prohibited.
Even though there are no state lotteries, Swazi players try their luck on foreign lottery sites. To judge by the affidavits on record there seems to be no likely dispute between the expert witnesses as to the manner in which the gambling system functions.
Once the critical elements exist, the game in question is a gambling game and thus, for present purposes, an interactive game.
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