Bafana Bafana and Others v Commissioner for the South African Revenue Services and Others (59460/2009, 49806/2009) [2010] ZAGPPHC 191 (29 October 2010)

Bafana Bafana and Others v Commissioner for the South African Revenue Services and Others (59460/2009, 49806/2009) [2010] ZAGPPHC 191 (29 October 2010)

The court found that the respondents acted within the statutory powers conferred by the Customs and Excise Act when detaining the gambling machines. The mandament van spolie does not apply where statutory powers are exercised, as such actions do not constitute self-help. The applicants failed to establish wrongful...

Source-derived case information.

Citation
[2010] ZAGPPHC 191
Parties
Applicant: Bafana Bafana; Applicant: Bafana Bafana Lucky Lines Stilfontein; Applicant: GL Entertainment CC; Applicant: Joao Miquel Rosha Caldeira; Respondent: Commissioner for the South African Revenue Services; Respondent: B Mpofu NO; Respondent: T Mhlangu NO; Respondent: North West Gambling Board; Respondent: Casino Association of South Africa; Respondent: Sun International (South Africa) Ltd; Respondent: Peermont Global (Northwest) Pty Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 October 2010
Case Number
59460/2009, 49806/2009
Procedural Posture
Urgent Application / Judgment on Merits After Intervention and Joinder of Additional Respondents
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
Van der Byl, AJ
Legal Topics
Mandament Van Spolie, Customs and Excise Act, Ultra Vires, Unlawful Possession, Review of Administrative Action
Civil Procedure Administrative Law Mandament Van Spolie Customs and Excise Act Ultra Vires Unlawful Possession Review of Administrative Action

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Summary, issues, holding and outcome

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Parties

Bafana Bafana

Applicant

Bafana Bafana Lucky Lines Stilfontein

Applicant

GL Entertainment CC

Applicant

Joao Miquel Rosha Caldeira

Applicant

Commissioner for the South African Revenue Services

Respondent

B Mpofu NO

Respondent

T Mhlangu NO

Respondent

North West Gambling Board

Respondent

Casino Association of South Africa

Respondent

Sun International (South Africa) Ltd

Respondent

Peermont Global (Northwest) Pty Ltd

Respondent

Procedural Posture

Urgent Application / Judgment on Merits After Intervention and Joinder of Additional Respondents

Legal Issues

  1. 1 Whether the applicants were unlawfully dispossessed of gambling machines by the respondents.
  2. 2 Whether the respondents acted ultra vires their statutory powers under the Customs and Excise Act.
  3. 3 Whether the mandament van spolie remedy is available when statutory powers are exercised.

Ratio Decidendi

The court found that the respondents acted within the statutory powers conferred by the Customs and Excise Act when detaining the gambling machines. The mandament van spolie does not apply where statutory powers are exercised, as such actions do not constitute self-help. The applicants failed to establish wrongful dispossession, and their remedy, if any, lies in review proceedings. Furthermore, the relief sought was impossible to grant due to the lack of authorization to transport the machines and the applicants' unlawful possession under gambling legislation. The application was dismissed as the applicants did not meet the requirements for spoliatory relief and the respondents' actions...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, including the costs of two counsel.