National Lotteries Board and Others v South African Education and Environment Project (22352/2009) [2009] ZAWCHC 218 (15 October 2009)

National Lotteries Board and Others v South African Education and Environment Project (22352/2009) [2009] ZAWCHC 218 (15 October 2009)

The court found that there are reasonable prospects of success on at least one of the grounds of review, specifically regarding the application of guidelines by the distribution agencies. Although the judge believed the original judgment was correct, he acknowledged that another court might interpret the enforcement of the guidelines differently. Given the public interest and the potential impact on future applicants for funding, leave to appeal was granted to the Supreme Court of Appeal on all grounds raised.

Citation
[2009] ZAWCHC 218
Parties
Applicant: National Lotteries Board and Two Others; Respondent: South African Education and Environment Project
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 October 2009
Case Number
22352/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the Supreme Court of Appeal. Costs of the application for leave to appeal will be costs in the appeal.
Judges
Gamble
Legal Topics
Judicial Review, Policy Guidelines, Leave to Appeal
Administrative Law Civil Procedure Judicial Review Policy Guidelines Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

National Lotteries Board and Two Others

Applicant

South African Education and Environment Project

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects of success on any of the grounds of review.
  2. 2 Whether the guidelines laid down by the distribution agencies should be rigidly applied or not.
  3. 3 Whether leave to appeal should be granted to the Supreme Court of Appeal.

Ratio Decidendi

The court found that there are reasonable prospects of success on at least one of the grounds of review, specifically regarding the application of guidelines by the distribution agencies. Although the judge believed the original judgment was correct, he acknowledged that another court might interpret the enforcement of the guidelines differently. Given the public interest and the potential impact on future applicants for funding, leave to appeal was granted to the Supreme Court of Appeal on all grounds raised.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal. Costs of the application for leave to appeal will be costs in the appeal.

Orders

  • Leave to appeal is granted to the Supreme Court of Appeal.
  • The costs of the application for leave to appeal will be costs in the appeal.