Tamasa Trading 208 CC v Cardoso and Another (8985/07) [2007] ZAGPHC 111 (20 June 2007)

Tamasa Trading 208 CC v Cardoso and Another (8985/07) [2007] ZAGPHC 111 (20 June 2007)

The court held that although the conditional authority under section 33(1) of the Liquor Act 27 of 1989 lapsed before the extension was granted, the purpose of the provision—to ensure compliance with specified conditions—had been fulfilled when the first respondent submitted the required inspection report shortly...

Source-derived case information.

Citation
[2007] ZAGPHC 111
Parties
Applicant: Tamasa Trading 208 CC; Respondent: José Lois da Costa Cardoso; Respondent: The Gauteng Provincial Liquor Board
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
20 June 2007
Case Number
8985/07
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Murphy
Legal Topics
Liquor Licensing, Conditional Authority, Functus Officio, Cessante Ratione Legis, Ultra Vires
Administrative Law Land and Property Liquor Licensing Conditional Authority Functus Officio Cessante Ratione Legis Ultra Vires

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Tamasa Trading 208 CC

Applicant

José Lois da Costa Cardoso

Respondent

The Gauteng Provincial Liquor Board

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the liquor store licence issued to the first respondent is null and void due to the lapse of the conditional authority under section 33 of the Liquor Act 27 of 1989.
  2. 2 Whether the Gauteng Provincial Liquor Board was functus officio when it issued the licence after the expiry of the conditional authority period.
  3. 3 Whether section 33(5) of the Liquor Act renders the application for the licence deemed not to have been granted after expiry of the conditional authority.

Ratio Decidendi

The court held that although the conditional authority under section 33(1) of the Liquor Act 27 of 1989 lapsed before the extension was granted, the purpose of the provision—to ensure compliance with specified conditions—had been fulfilled when the first respondent submitted the required inspection report shortly after the expiry date. The maxim cessante ratione legis cessat et ipsa lex applies, meaning that when the reason for the law ceases, the law itself becomes inoperative. The court further found that the lapsing of the conditional authority did not render the Board functus officio, as no final decision had been made on the application. The Board was entitled to reconsider and grant...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.