Case Name
Casino Enterprises (Pty) Ltd (Swaziland) v Gauteng Gambling Board and Others [2011] 1 All SA 305 (GNP)

Area of Law
Jurisdiction – internet

Summary
The Plaintiff advertised its online casino in Gauteng via radio stations. The Defendant objected to these advertisements in terms of s77(1) of the Gauteng Gambling Act and the National Gambling Act which states that “no person shall gamble at any place other than a licensed premises.”

The plaintiff argued that because the gambling took place at the Plaintiff’s online casino, it did not take place in Gauteng and therefore the Plaintiff did not need a license under the Provincial and National Acts.

Tuchten J held that the decision to play the online game is made in Gauteng and the act of communicating that decision to the Plaintiff is performed in Gauteng. Although the result of the win or loss of the game is determined in Swaziland, it is reported back to the player in Gauteng.

Importance/ Value
Online gambling in Gauteng is unlawful.

*NOTE: Tuchten’s judgment is being appealed in the Supreme Court of Appeal on Tuesday 23 August 2011.

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