Century Loop Rite Trade (Pty) Ltd v North West Gambling Board (M108/2017) [2019] ZANWHC 24 (20 May 2019)

Century Loop Rite Trade (Pty) Ltd v North West Gambling Board (M108/2017) [2019] ZANWHC 24 (20 May 2019)

The court held that the applicant was required to exhaust the internal remedy provided by section 90 of the North West Gambling Act before approaching the court for judicial review under PAJA. The Review Tribunal established by the Act possesses powers similar to those of a review court and constitutes an effective internal remedy as contemplated by section 7(2) of PAJA. The applicant did not demonstrate exceptional circumstances nor apply for exemption from the requirement to exhaust internal remedies. The principle of legality does not provide an alternative pathway to review when PAJA applies, and the applicant cannot circumvent the statutory remedy by relying on constitutional...

Citation
[2019] ZANWHC 24
Parties
Applicant: Century Loop Rite Trade (Pty) Ltd; Respondent: North West Gambling Board
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 May 2019
Case Number
M108/2017
Procedural Posture
Review Application / Opposed Motion; Point in Limine (failure to Exhaust Internal Remedy)
Outcome
Application removed from the roll; costs awarded against the applicant.
Judges
A.M. Kgoele
Legal Topics
Promotion of Administrative Justice Act, Internal Remedies, Jurisdiction, Principle of Legality, North West Gambling Act
Administrative Law Civil Procedure Promotion of Administrative Justice Act Internal Remedies Jurisdiction Principle of Legality North West Gambling Act

Case Brief

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Parties

Century Loop Rite Trade (Pty) Ltd

Applicant

North West Gambling Board

Respondent

Procedural Posture

Review Application / Opposed Motion; Point in Limine (failure to Exhaust Internal Remedy)

Legal Issues

  1. 1 Whether the applicant was required to exhaust the internal remedy provided by section 90 of the North West Gambling Act before approaching the court for judicial review under PAJA.
  2. 2 Whether the principle of legality provides an alternative pathway to review when PAJA applies.
  3. 3 Whether the imposition and revocation decisions of the respondent are reviewable without first exhausting the statutory remedy.

Ratio Decidendi

The court held that the applicant was required to exhaust the internal remedy provided by section 90 of the North West Gambling Act before approaching the court for judicial review under PAJA. The Review Tribunal established by the Act possesses powers similar to those of a review court and constitutes an effective internal remedy as contemplated by section 7(2) of PAJA. The applicant did not demonstrate exceptional circumstances nor apply for exemption from the requirement to exhaust internal remedies. The principle of legality does not provide an alternative pathway to review when PAJA applies, and the applicant cannot circumvent the statutory remedy by relying on constitutional...

Court Disposition

Application removed from the roll; costs awarded against the applicant.

Orders

  • The point in limine raised by the respondent is upheld.
  • The main application is removed from the roll.