National Gambling Board v Free State Gambling Board and Others (68/2000) [2001] ZASCA 39; [2001] 3 All SA 529 (A) (26 March 2001)

National Gambling Board v Free State Gambling Board and Others (68/2000) [2001] ZASCA 39; [2001] 3 All SA 529 (A) (26 March 2001)

The Supreme Court of Appeal held that special gambling licences issued under section 38 of the Free State Gambling and Racing Act are not exempt from the general provisions of that Act or the National Gambling Act. The phrase 'notwithstanding any other provision' in section 38 only qualifies the issuance of licences...

Source-derived case information.

Citation
[2001] ZASCA 39
Parties
Appellant: National Gambling Board; Respondent: Free State Gambling Board; Respondent: Premier of the Free State Province; Respondent: Member of the Executive Committee for Economic Affairs Finance and Revenue of the Free State; Respondent: Minister of Economic Affairs of the RSA; Respondent: Minister of Safety and Security of the Government of the RSA; Respondent: 99 Other Respondents (6th to 104th Respondent)
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 2001
Case Number
68/2000
Procedural Posture
Civil Appeal / Appeal From High Court; Application for Leave to Appeal and Merits Heard Together
Outcome
Appeal upheld; application for leave to appeal granted; orders of the court below set aside and substituted.
Judges
Vivier, Harms, Schutz, Scott, Cameron
Legal Topics
Licensing of Gambling Machines, Locus Standi, Interpretation of Statutes, Concurrent Legislative Competence
Administrative Law Civil Procedure Licensing of Gambling Machines Locus Standi Interpretation of Statutes Concurrent Legislative Competence

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Summary, issues, holding and outcome

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Parties

National Gambling Board

Appellant

Free State Gambling Board

Respondent

Premier of the Free State Province

Respondent

Member of the Executive Committee for Economic Affairs Finance and Revenue of the Free State

Respondent

Minister of Economic Affairs of the RSA

Respondent

Minister of Safety and Security of the Government of the RSA

Respondent

99 Other Respondents (6th to 104th Respondent)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court; Application for Leave to Appeal and Merits Heard Together

Legal Issues

  1. 1 Whether special gambling licences issued under the Free State Gambling and Racing Act are exempt from the general provisions of that Act and the National Gambling Act.
  2. 2 Whether the Free State Gambling Board was entitled to issue special licences for slot machines for a period of one year before the promulgation of regulations and establishment of a central monitoring system.
  3. 3 Whether the National Gambling Board had locus standi to appeal the decision of the court below.

Ratio Decidendi

The Supreme Court of Appeal held that special gambling licences issued under section 38 of the Free State Gambling and Racing Act are not exempt from the general provisions of that Act or the National Gambling Act. The phrase 'notwithstanding any other provision' in section 38 only qualifies the issuance of licences for specified dates and does not permit circumvention of the substantive requirements of the Acts. The Free State Gambling Board was not entitled to issue special licences for slot machines for a period of one year, as this did not constitute 'specified dates' and was beyond its statutory competence, especially in the absence of required regulations and a central monitoring...

Court Disposition

Appeal upheld; application for leave to appeal granted; orders of the court below set aside and substituted.

Orders

  • The application for leave to appeal is granted, each party to bear its own costs.
  • It is declared that the applicant is not entitled to consider or award the special slot machine licences applied for by the 6th to 104th respondents.