R v Essack Mahomed and Others [1911] ZATPD 49 (24 April 1911)

Gaming and Wagering - Gambling House - Private House - Visitor - Law 6 of 1889

When it is proved that gambling appliances have been found in a house to which a section of the public have access, people found playing therein can be convicted rightly with contravening Law 6 of 1889, unless they prove that the house is private and that they either live there or were guests at the time when they were discovered.

A person who lives in a gambling house of which he is not the keeper, and who is found therein, is a visitor thereat within the meaning of sec.5 of Law 6 of 1889.