Steyn v Gauteng Provincial Liquor Board and Another, Fortuna Trade 162 (Pty) Ltd v Gauteng Provincial Liquor Board and Another (51977/11, 52369/11) [2011] ZAGPPHC 181 (30 September 2011)

Steyn v Gauteng Provincial Liquor Board and Another, Fortuna Trade 162 (Pty) Ltd v Gauteng Provincial Liquor Board and Another (51977/11, 52369/11) [2011] ZAGPPHC 181 (30 September 2011)

The court found that neither application was urgent and both amounted to an abuse of process, particularly in light of previous similar applications dismissed for lack of urgency. The moratorium imposed by the Gauteng Provincial Liquor Board was found to be prima facie lawful and rational, intended to address administrative inefficiencies and corruption, and limited in duration and scope. The applicants failed to demonstrate exceptional circumstances justifying interim relief or the granting of temporary liquor licences under the Gauteng Liquor Act or the Promotion of Administrative Justice Act. The court declined to substitute its decision for that of the statutory authority and...

Citation
[2011] ZAGPPHC 181
Parties
Applicant: Mark Josph Steyn; Applicant: Fortuna Trade 162 (Pty) Ltd; Respondent: Gauteng Provincial Liquor Board; Respondent: Qedani Mahlangu N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 September 2011
Case Number
51977/11, 52369/11
Procedural Posture
Urgent Application / Consolidated Urgent Applications Seeking Declaratory and Interim Relief
Outcome
Both applications are dismissed with costs on an attorney and own client scale, including the costs of two counsel.
Judges
Fabricius
Legal Topics
Moratorium on Liquor Licensing, Ultra Vires Administrative Action, Urgency in Motion Proceedings, Abuse of Process, Interim Relief, Locus Standi
Administrative Law Civil Procedure Moratorium on Liquor Licensing Ultra Vires Administrative Action Urgency in Motion Proceedings Abuse of Process Interim Relief Locus Standi

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Parties

Mark Josph Steyn

Applicant

Fortuna Trade 162 (Pty) Ltd

Applicant

Gauteng Provincial Liquor Board

Respondent

Qedani Mahlangu N.O.

Respondent

Procedural Posture

Urgent Application / Consolidated Urgent Applications Seeking Declaratory and Interim Relief

Legal Issues

  1. 1 Whether the moratorium imposed by the Gauteng Provincial Liquor Board on the acceptance and consideration of certain liquor licence applications is lawful and rational.
  2. 2 Whether the applicants are entitled to urgent relief authorising them to trade in liquor pending the consideration of their licence applications.
  3. 3 Whether the applications constitute an abuse of process and forum shopping.

Ratio Decidendi

The court found that neither application was urgent and both amounted to an abuse of process, particularly in light of previous similar applications dismissed for lack of urgency. The moratorium imposed by the Gauteng Provincial Liquor Board was found to be prima facie lawful and rational, intended to address administrative inefficiencies and corruption, and limited in duration and scope. The applicants failed to demonstrate exceptional circumstances justifying interim relief or the granting of temporary liquor licences under the Gauteng Liquor Act or the Promotion of Administrative Justice Act. The court declined to substitute its decision for that of the statutory authority and...

Court Disposition

Both applications are dismissed with costs on an attorney and own client scale, including the costs of two counsel.

Orders

  • Both applications are dismissed.
  • Applicants to pay costs on an attorney and own client scale, including the costs of two counsel.