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• The declaration was set aside and leave to filean amendeddeclaration was afforded.

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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 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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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.

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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.

Provincial Legislation

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• Accordingly, the provisions of the Provincial Act do not prohibitany activities in the Province in respect of gambling at andon theplaintiff’s on-line casino, and the advertisement thereof withinthe Province is also not prohibited in terms of the ProvincialAct.
• If its factualallegations are correct it is entitled to such a declarator.
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In the circumstances therewas no point in giving the appellant the opportunity to amend itsclaim for,on the facts alleged, no amendment was necessary orfeasible. From 3 July until 21 Aug 2025 our Tsogo Rewards members stand a chance of winning their share of UP to R in Cash & Prizes. Make sure to join us every Wed, 3 Sept until 22 Oct 2025 from 16h00 to 20h30 & our Mykonos Tsogo Rewards members stand a chance of winning their share of UP to R84,000 in Cash & Prizes.

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