KZN gambling laws given the green light
19 November 2008, 10:06
Gambling legislation in KwaZulu-Natal - which dictates that bookmaking licences can only be held by individual people, and not companies - has been given the thumbs-up by the Constitutional Court.
In a unanimous decision, the court ruled on Tuesday that the law under attack regulated gambling, which was a legitimate government purpose.
The issue was first raised in the Pietermaritzburg High Court when local bookmaker Michael Weare, who holds a licence, and his bookmaking business, The Betting Shop, launched a challenge to the KwaZulu-Natal Regulation and Betting Ordinance.
The thrust of the attack was that it constituted unfair discrimination because it stipulated that only natural persons - and not juristic persons - could hold bookmaking licences in the province. This was at odds with other provincial gambling legislation and the constitution.
The court in Pietermaritzburg found in Weare's favour and the matter was sent to the Constitutional Court for possible ratification.
This was resisted by Premier S'bu Ndebele, who argued that it was more expensive and difficult to monitor companies and to hold them accountable.
The policy of restricting licences was a rational way to ensure that gambling activities were properly regulated, he said, adding that a new policy was being developed and that bills reforming gambling legislation were pending.
In its judgment, the Constitutional Court said it was for the legislature to select the means to achieve the objectives of the government, and to decide when the moment had arrived to reform legislation.
"Provinces have a right to regulate their own gambling industries. There can be no objection in this case to the KwaZulu-Natal regime simply on the grounds that it is different to that of other provinces," the court ruled, finding no unfair discrimination and no breach of the constitution.
In a unanimous decision, the court ruled on Tuesday that the law under attack regulated gambling, which was a legitimate government purpose.
The issue was first raised in the Pietermaritzburg High Court when local bookmaker Michael Weare, who holds a licence, and his bookmaking business, The Betting Shop, launched a challenge to the KwaZulu-Natal Regulation and Betting Ordinance.
The thrust of the attack was that it constituted unfair discrimination because it stipulated that only natural persons - and not juristic persons - could hold bookmaking licences in the province. This was at odds with other provincial gambling legislation and the constitution.
The court in Pietermaritzburg found in Weare's favour and the matter was sent to the Constitutional Court for possible ratification.
This was resisted by Premier S'bu Ndebele, who argued that it was more expensive and difficult to monitor companies and to hold them accountable.
The policy of restricting licences was a rational way to ensure that gambling activities were properly regulated, he said, adding that a new policy was being developed and that bills reforming gambling legislation were pending.
In its judgment, the Constitutional Court said it was for the legislature to select the means to achieve the objectives of the government, and to decide when the moment had arrived to reform legislation.
"Provinces have a right to regulate their own gambling industries. There can be no objection in this case to the KwaZulu-Natal regime simply on the grounds that it is different to that of other provinces," the court ruled, finding no unfair discrimination and no breach of the constitution.
- This article was originally published on page 3 of The Mercury on November 19, 2008
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