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- It remains tosay, however, that there is a realistic prospect that evidence couldwell establishthat at least part of the online gambling process inquestion takes place in Gauteng.
- 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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18 Whether the further litigation should necessarilyinvolve a trial, one is inclined to doubt. 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. It was the parties’ conflicting viewsthat prompted the appellant to seek an order declaring that itsactivitiesdo not contravene the legislation. If its factualallegations are correct it is entitled to such a declarator.
- 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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- 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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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.
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