Panayiotou v Shoprite Checkers (Pty) Ltd and Others (248/2016) [2017] ZASCA 12 (17 March 2017)

Panayiotou v Shoprite Checkers (Pty) Ltd and Others (248/2016) [2017] ZASCA 12 (17 March 2017)

The Supreme Court of Appeal held that the appeal had no practical effect or result because the liquor licence had already been issued to Shoprite and trading had commenced. The administrative act of issuing the licence was not challenged, and nothing in the appeal could affect the validity of the licence. Section 16(2)(a) of the Superior Courts Act empowers the court to dismiss appeals that have no practical effect. No discrete legal issue of public importance was raised to justify the exercise of the court's discretion to hear the matter. Accordingly, the appeal was dismissed with costs.

Citation
[2017] ZASCA 12
Parties
Appellant: Andreas Panayiotou; Respondent: Shoprite Checkers (Pty) Ltd; Respondent: Gauteng Liquor Board; Respondent: Chairperson, Gauteng Liquor Board
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 March 2017
Case Number
248/2016
Procedural Posture
Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg
Outcome
Appeal dismissed with costs under section 16(2)(a) of the Superior Courts Act.
Judges
Ponnan, Shongwe, Petse, Zondi, Gorven
Legal Topics
Liquor Licensing, Review of Administrative Action, Public Interest, Barriers to Entry, Superior Courts Act Section 16, Competition in Liquor Trade
Administrative Law Commercial and Corporate Liquor Licensing Review of Administrative Action Public Interest Barriers to Entry Superior Courts Act Section 16 Competition in Liquor Trade

Case Brief

Summary, issues, holding and outcome

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Parties

Andreas Panayiotou

Appellant

Shoprite Checkers (Pty) Ltd

Respondent

Gauteng Liquor Board

Respondent

Chairperson, Gauteng Liquor Board

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg

Legal Issues

  1. 1 Whether the appeal against the review and setting aside of the Liquor Board's refusal to grant a liquor licence has any practical effect or result.
  2. 2 Whether the subsequent issuing of the liquor licence renders the appeal moot.
  3. 3 Whether any discrete legal issue of public importance arises warranting adjudication despite mootness.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal had no practical effect or result because the liquor licence had already been issued to Shoprite and trading had commenced. The administrative act of issuing the licence was not challenged, and nothing in the appeal could affect the validity of the licence. Section 16(2)(a) of the Superior Courts Act empowers the court to dismiss appeals that have no practical effect. No discrete legal issue of public importance was raised to justify the exercise of the court's discretion to hear the matter. Accordingly, the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs under section 16(2)(a) of the Superior Courts Act.

Orders

  • The appeal is dismissed with costs.