Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2022] ZAGPJHC 353; 2022 (6) SA 221 (GJ) (24 May 2022)

Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2022] ZAGPJHC 353; 2022 (6) SA 221 (GJ) (24 May 2022)

The court held that the duties imposed by the North West Gambling Regulations, specifically regulations 22 and 23, are owed to society through the State and do not confer a civil remedy on excluded persons who breach their own exclusion. The regulatory framework is designed to protect the community, not to insure individual gamblers against their losses. The first plaintiff, having voluntarily excluded himself and then chosen to gamble, is the author of his own misfortune. The pleadings do not establish knowledge on the part of the first defendant of the first plaintiff's identity as an excluded person, which is required for liability under regulation 23. The claim based on Aquilian...

Citation
[2022] ZAGPJHC 353
Parties
Plaintiff: Suhail Essack; Plaintiff: Naseera Cassim; Defendant: Sun International South Africa (Pty) Ltd; Defendant: North West Gambling Board; Defendant: National Gambling Board
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 May 2022
Case Number
2020/23294
Procedural Posture
Civil Procedure / Exception to Amended Particulars of Claim
Outcome
Exception upheld; particulars of claim do not disclose a cause of action against the first defendant. Costs awarded to the first defendant. Plaintiffs granted leave to amend within 20 days, failing which the claim is dismissed with costs.
Judges
Bester
Legal Topics
Exception Procedure, Statutory Duty, Aquilian Liability, Excluded Persons, Casino Regulation, Pure Economic Loss
Civil Procedure Delict Exception Procedure Statutory Duty Aquilian Liability Excluded Persons Casino Regulation Pure Economic Loss

Case Brief

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Parties

Suhail Essack

Plaintiff

Naseera Cassim

Plaintiff

Sun International South Africa (Pty) Ltd

Defendant

North West Gambling Board

Defendant

National Gambling Board

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action based on breach of statutory duty under the North West Gambling Regulations.
  2. 2 Whether the particulars of claim disclose a cause of action under Aquilian liability for pure economic loss.
  3. 3 Whether the pleadings are vague and embarrassing for failure to specify operative statutory provisions.

Ratio Decidendi

The court held that the duties imposed by the North West Gambling Regulations, specifically regulations 22 and 23, are owed to society through the State and do not confer a civil remedy on excluded persons who breach their own exclusion. The regulatory framework is designed to protect the community, not to insure individual gamblers against their losses. The first plaintiff, having voluntarily excluded himself and then chosen to gamble, is the author of his own misfortune. The pleadings do not establish knowledge on the part of the first defendant of the first plaintiff's identity as an excluded person, which is required for liability under regulation 23. The claim based on Aquilian...

Court Disposition

Exception upheld; particulars of claim do not disclose a cause of action against the first defendant. Costs awarded to the first defendant. Plaintiffs granted leave to amend within 20 days, failing which the claim is dismissed with costs.

Orders

  • The first defendant's exception to the plaintiffs' amended particulars of claim is upheld with costs, including costs of additional submissions.
  • The plaintiffs are liable for the first defendant's wasted costs in respect of its first exception dated 14 December 2020 and the preparation of heads of argument filed on 10 February 2021.