Winning arguments in Botswana

WHEN IS A CASINO NOT A CASINO?

Operators and legislators worldwide are in the habit of arguing over what is permissible in gaming, and new technologies are constantly pushing at the boundaries set by jurisdictions, such as whether video lottery machines are ordinary slot machines in disguise. Disputes frequently end up in court.

In Botswana last year the High Court found in favour of a Lobatse business that operates slot machines. The Casino Control Board closed the venue on October 15 on the grounds that it was not licensed. Racewood Investments, who trade as Circus Circus Entertainment, asked the court to arbitrate. The High Court found that the closure of the business had been ‘irregular’ and that the Casino Control Board must set aside its decision.

The government, through the Control Board, maintains that the operation is not legal because, according to the Casino Act, a casino must be licensed. A member of the Casino Control Board from the Ministry of Trade and Industry pointed out that there was no doubt that the premises were operating as a casino because there were slot machines the same as in licensed casinos.

The manager of the venue insists that he is running a legitimate entertainment centre in no need of a licence. Clients purchase electronic tokens in order to play the machines, ‘have fun, relax’ and be entertained. The Government has decided to appeal the High Court Ruling. (E-01.13.05)

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