De Jager and Another v Minister of Safety and Security N.O. and Others (68993/09) [2010] ZAGPPHC 543 (23 February 2010)

De Jager and Another v Minister of Safety and Security N.O. and Others (68993/09) [2010] ZAGPPHC 543 (23 February 2010)

The court found, on an overwhelming balance of probabilities, that gaming and gambling were taking place at the applicants' premises in contravention of the relevant legislation. The applicants failed to provide evidence from customers to refute the respondent's evidence of payouts and gambling activities. The Highstead decision was distinguished on the facts, as there was clear evidence of illegal gambling and no improper motive by the police. The search and seizure without a warrant was justified under section 22 of the Criminal Procedure Act due to the risk of evidence being removed if notice was given. The applicants did not establish a prima facie right to continue trading illegally,...

Citation
[2010] ZAGPPHC 543
Parties
Applicant: Colin Joseph De Jager; Applicant: South Rock Trading 20 CC; Respondent: Minister of Safety and Security N.O.; Respondent: National Commissioner of the South African Police Service N.O.; Respondent: Provincial Commissioner of the South African Police Service for the Gauteng Province N.O.; Respondent: Chairperson: Gauteng Gambling Board N.O.; Appellant: Casino Association of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 February 2010
Case Number
68993/09
Procedural Posture
Urgent Application / Interim Interdict and Declaratory Relief Application
Outcome
Application dismissed with costs, including costs of two counsel where employed.
Judges
Louw
Legal Topics
Search and Seizure, Interim Interdict, Illegal Gambling, Gauteng Gambling Act, National Gambling Act
Administrative Law Land and Property Search and Seizure Interim Interdict Illegal Gambling Gauteng Gambling Act National Gambling Act

Case Brief

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Parties

Colin Joseph De Jager

Applicant

South Rock Trading 20 CC

Applicant

Minister of Safety and Security N.O.

Respondent

National Commissioner of the South African Police Service N.O.

Respondent

Provincial Commissioner of the South African Police Service for the Gauteng Province N.O.

Respondent

Chairperson: Gauteng Gambling Board N.O.

Respondent

Casino Association of South Africa

Appellant

Procedural Posture

Urgent Application / Interim Interdict and Declaratory Relief Application

Legal Issues

  1. 1 Whether the applicants' machines are 'gaming machines' as contemplated in the Gauteng Gambling Act and/or the National Gambling Act.
  2. 2 Whether the machines were in fact used for gambling at the applicants' premises.
  3. 3 Whether the police's search and seizure without a warrant was lawful under section 22 of the Criminal Procedure Act.

Ratio Decidendi

The court found, on an overwhelming balance of probabilities, that gaming and gambling were taking place at the applicants' premises in contravention of the relevant legislation. The applicants failed to provide evidence from customers to refute the respondent's evidence of payouts and gambling activities. The Highstead decision was distinguished on the facts, as there was clear evidence of illegal gambling and no improper motive by the police. The search and seizure without a warrant was justified under section 22 of the Criminal Procedure Act due to the risk of evidence being removed if notice was given. The applicants did not establish a prima facie right to continue trading illegally,...

Court Disposition

Application dismissed with costs, including costs of two counsel where employed.

Orders

  • The application is dismissed with costs.
  • Costs will include the costs of two counsel, where two counsel were employed.