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Published: 11/29/2006 10:50:23

Casino loses bet on court ruling

By Ilse de Lange
PRETORIA – Online gambling is still outlawed in South Africa, even though the service is offered from outside the borders of the country, a Pretoria High Court judge has ruled.
Judge Willie Hartzenberg decreed yesterday that an application launched by Casino Enterprises Swaziland, which runs Piggs Peak Casino in Swaziland, disclosed no cause of action because it wanted the court to declare gambling actions in Gauteng legitimate, which were prohibited by local legislation.
He said if Casino Enterprises obtained a South African gambling licence, it might be able to formulate its claim so that it did in fact disclose a cause of action.
The gambling house took the Gauteng Gambling Board to court after the board put a stop to ads for its Internet gambling service in the province.
The casino maintained its online gambling took place legally in Swaziland and did not contravene the Gauteng Gambling Act.
It also asked the court to declare advertising occurring in Gauteng in respect of its Internet casino in Swaziland was not unlawful.
Casino Enterprises’ managing director Howard Berchowitz said in court papers gamblers had to register on its website and download software which enabled them to communicate and play the games on their server in Swaziland.
The board held that gambling on an Internet casino occurred where the gambler and the computer were situated and Piggs Peak was contravening the Gambling Act as it did not have a licence to operate in Gauteng.

hicourt@mweb.co.za


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