Gauteng Gambling Board and Another v MEC for Economic Development, Gauteng Provincial Government (620/2012) [2013] ZASCA 67; 2013 (5) SA 24 (SCA); [2013] 3 All SA 370 (SCA) (27 May 2013)

Gauteng Gambling Board and Another v MEC for Economic Development, Gauteng Provincial Government (620/2012) [2013] ZASCA 67; 2013 (5) SA 24 (SCA); [2013] 3 All SA 370 (SCA) (27 May 2013)

The Supreme Court of Appeal found that the MEC for Economic Development, Gauteng Provincial Government, acted unlawfully and beyond her statutory powers in dissolving the Gauteng Gambling Board. The evidence demonstrated that the MEC's decision was motivated by an ulterior purpose: to pressurise the Board into accommodating a commercial entity, African Romance, in its premises. The MEC's reliance on EXCO's decision and the Gauteng Gambling Act was misplaced, as the statutory framework did not empower her to dissolve the Board for the reasons advanced. The Board was statutorily obliged to act within the confines of the Gauteng Gambling Act, the Public Finance Management Act, and Treasury...

Citation
[2013] ZASCA 67
Parties
Appellant: Gauteng Gambling Board; Appellant: Sefako Phanuel Prince Mafojane; Respondent: MEC for Economic Development, Gauteng Provincial Government
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 2013
Case Number
620/2012
Procedural Posture
Civil Appeal / Appeal From the South Gauteng High Court, Johannesburg
Outcome
Appeal upheld; the order of the court below is set aside and substituted. The termination of Board membership is declared unlawful and invalid. Costs awarded on attorney and client scale.
Judges
NAVSA, LEACH, WILLIS, SWAIN, SALDULKER
Legal Topics
Principle of Legality, Ulterior Purpose, Review of Administrative Action, Promotion of Administrative Justice Act, Public Finance Management Act, Costs Orders Against Public Officials
Administrative Law Civil Procedure Principle of Legality Ulterior Purpose Review of Administrative Action Promotion of Administrative Justice Act Public Finance Management Act Costs Orders Against Public Officials

Case Brief

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Parties

Gauteng Gambling Board

Appellant

Sefako Phanuel Prince Mafojane

Appellant

MEC for Economic Development, Gauteng Provincial Government

Respondent

Procedural Posture

Civil Appeal / Appeal From the South Gauteng High Court, Johannesburg

Legal Issues

  1. 1 Whether the MEC for Economic Development, Gauteng Provincial Government, acted lawfully in dissolving the Gauteng Gambling Board.
  2. 2 Whether the MEC's decision was motivated by an ulterior purpose and thus contrary to the principle of legality.
  3. 3 Whether the Board was afforded a proper opportunity to make representations before termination.

Ratio Decidendi

The Supreme Court of Appeal found that the MEC for Economic Development, Gauteng Provincial Government, acted unlawfully and beyond her statutory powers in dissolving the Gauteng Gambling Board. The evidence demonstrated that the MEC's decision was motivated by an ulterior purpose: to pressurise the Board into accommodating a commercial entity, African Romance, in its premises. The MEC's reliance on EXCO's decision and the Gauteng Gambling Act was misplaced, as the statutory framework did not empower her to dissolve the Board for the reasons advanced. The Board was statutorily obliged to act within the confines of the Gauteng Gambling Act, the Public Finance Management Act, and Treasury...

Court Disposition

Appeal upheld; the order of the court below is set aside and substituted. The termination of Board membership is declared unlawful and invalid. Costs awarded on attorney and client scale.

Orders

  • The appeal is upheld and the respondent is ordered to pay the costs of the first and second appellants on an attorney client scale.
  • The order of the court below is set aside and substituted as follows: (a) The termination on 23 January 2012 by the respondent of the membership of all the members of the Gauteng Gambling Board is declared unlawful and invalid. (b) The respondent is to pay the costs of the application on the attorney and client scale.