Robispec (Pty) Ltd and Others North West Province Provincial Liquor Board and Others (M363/2016) [2017] ZANWHC 13 (26 January 2017)

Robispec (Pty) Ltd and Others North West Province Provincial Liquor Board and Others (M363/2016) [2017] ZANWHC 13 (26 January 2017)

The court found that the first respondent had unreasonably delayed consideration of the first applicant's liquor licence transfer application, and that the delay was unexplained and only remedied after the court application was served. Accordingly, the first respondent was ordered to pay the first applicant's costs. In respect of the second and third applicants, the court held that there was insufficient evidence that their applications were properly lodged with the magistrate or received by the relevant respondents. The applicants failed to follow up or verify receipt, and the presumption of proper performance of official acts did not apply. Therefore, the applications of the second and...

Citation
[2017] ZANWHC 13
Parties
Applicant: Robispec (Pty) Ltd; Applicant: Evangelos Vrysoulis and Eydoxia Vrysoulis; Applicant: Luhane Trading (Pty) Ltd; Respondent: North West Province Provincial Liquor Board; Respondent: Provincial Commissioner of Police for the North West Province; Respondent: Magistrate for Brits; Respondent: Magistrate for Vryburg
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
26 January 2017
Case Number
M363/2016
Procedural Posture
Review Application / Reasons for Judgment Following Order Granted on 8 December 2016
Outcome
First respondent ordered to pay costs of first applicant's application; second and third applicants' applications dismissed with costs.
Judges
T J Djaje
Legal Topics
Liquor Licensing, Transfer of Licence, Administrative Delay, Costs Award, Burden of Proof
Administrative Law Land and Property Liquor Licensing Transfer of Licence Administrative Delay Costs Award Burden of Proof

Case Brief

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Parties

Robispec (Pty) Ltd

Applicant

Evangelos Vrysoulis and Eydoxia Vrysoulis

Applicant

Luhane Trading (Pty) Ltd

Applicant

North West Province Provincial Liquor Board

Respondent

Provincial Commissioner of Police for the North West Province

Respondent

Magistrate for Brits

Respondent

Magistrate for Vryburg

Respondent

Procedural Posture

Review Application / Reasons for Judgment Following Order Granted on 8 December 2016

Legal Issues

  1. 1 Whether the first respondent unreasonably delayed consideration of the first applicant's liquor licence transfer application.
  2. 2 Whether the first respondent should be liable for costs in respect of the first applicant's application.
  3. 3 Whether the second and third applicants proved that their transfer applications were properly lodged and received by the relevant magistrate and respondents.

Ratio Decidendi

The court found that the first respondent had unreasonably delayed consideration of the first applicant's liquor licence transfer application, and that the delay was unexplained and only remedied after the court application was served. Accordingly, the first respondent was ordered to pay the first applicant's costs. In respect of the second and third applicants, the court held that there was insufficient evidence that their applications were properly lodged with the magistrate or received by the relevant respondents. The applicants failed to follow up or verify receipt, and the presumption of proper performance of official acts did not apply. Therefore, the applications of the second and...

Court Disposition

First respondent ordered to pay costs of first applicant's application; second and third applicants' applications dismissed with costs.

Orders

  • The first respondent shall pay the costs of the first applicant's application.
  • The applications of the second and third applicants are dismissed with costs.