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• In view ofthis conflict of opinion the appellant moved for referral to trial,the foundingaffidavit to stand as a simple summons.

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It was no doubt this prospect thatinfluencedthe learned Judge to attempt to resolve the matter on thebasis of what he saw as the likely factual position, without theproceduralconstraints of an exception. What requires determinationis the factual question as to how the plaintiff’s system is madeavailableto gamblers in Gauteng and what acts they perform in theprovince in order to use the system. In the first place the words underlined plainly conveythat what may betting site not be advertised is unlicensed gambling in theprovince; theyqualify gambling, not advertising. Like many places, 1Win Casino does not need to promise loyalty to a long list of things, but it does need to promise a good customer experience.

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• Inspired by the surrounding natural beauty, Wild Coast Sun is a family-friendly resort offering all-in-one entertainment, leisure and accommodation options.
• The casino is licensed in Swaziland but not inSouth Africa.To attract gamblers in Gauteng the appellant advertisedthe casino on radio stations broadcasting in that province.
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• 12 I do not agree, with respect, that if no part ofthe appellant’s online gambling process occurs in Gauteng there isno needfor a declarator.

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53 Section 88 provides for penalties and interest for the failure to pay gambling levies or fees when due. It makes any licence holder who fails to pay levies or fees as prescribed liable for a penalty of 1% per day up to a maximum of 100%, plus interestat the prescribed rate. It also empowers the Board to revoke or suspend the licence of any licensee whose unpaid leviesor fees have been overdue for a period of 45 days.