Mashile v Gauteng Liquor Board and Others (018041/2024) [2024] ZAGPPHC 248 (11 March 2024)

Mashile v Gauteng Liquor Board and Others (018041/2024) [2024] ZAGPPHC 248 (11 March 2024)

The court found that the applicant had established a prima facie right to operate his shebeen based on the confirmation of his permit's validity by authorized officials. The respondents failed to provide direct evidence or confirmatory affidavits from those with personal knowledge of the permit's issuance and validity. Allegations of fraud were not substantiated, and the respondents did not conduct a proper investigation despite being invited to do so. The court held that it would be unjust to deny the applicant the right to continue operating his business pending the outcome of a review, especially in light of the Liquor Board's own confirmations and the lack of procedural compliance in...

Citation
[2024] ZAGPPHC 248
Parties
Applicant: Mokwape Herman Mashile; Respondent: Gauteng Liquor Board; Respondent: Chairperson, Gauteng Liquor Board; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 March 2024
Case Number
018041/2024
Procedural Posture
Urgent Application / Interdict Pending Review
Outcome
Application granted. Interdict issued in favour of the applicant.
Judges
Mooki
Legal Topics
Interdict, Permit Revocation, Urgent Application, Gauteng Liquor Act, Lawful Administration
Administrative Law Civil Procedure Interdict Permit Revocation Urgent Application Gauteng Liquor Act Lawful Administration

Case Brief

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Parties

Mokwape Herman Mashile

Applicant

Gauteng Liquor Board

Respondent

Chairperson, Gauteng Liquor Board

Respondent

Minister of Police

Respondent

Procedural Posture

Urgent Application / Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant's shebeen permit is valid and lawfully revoked.
  2. 2 Whether the applicant is entitled to an interdict preventing police interference pending review.
  3. 3 Whether the respondents substantiated allegations of fraud regarding the permit.

Ratio Decidendi

The court found that the applicant had established a prima facie right to operate his shebeen based on the confirmation of his permit's validity by authorized officials. The respondents failed to provide direct evidence or confirmatory affidavits from those with personal knowledge of the permit's issuance and validity. Allegations of fraud were not substantiated, and the respondents did not conduct a proper investigation despite being invited to do so. The court held that it would be unjust to deny the applicant the right to continue operating his business pending the outcome of a review, especially in light of the Liquor Board's own confirmations and the lack of procedural compliance in...

Court Disposition

Application granted. Interdict issued in favour of the applicant.

Orders

  • The application is heard as a matter of urgency in terms of Rule 6(12) of the Uniform Rules of Court.
  • Members of the South African Police Service are prohibited from confiscating the applicant's liquor stock on account that shebeen permit S[...] is invalid, pending finalisation of relief sought in part B of the notice of motion.