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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. 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. 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. 9 Despite these errors of approach the board’sexception succeeded.
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