Targazest (Pty) Ltd v Vrystaat Dobbel en Drankowerheid en Ander (5034/2011) [2011] ZAFSHC 200 (8 December 2011)

Targazest (Pty) Ltd v Vrystaat Dobbel en Drankowerheid en Ander (5034/2011) [2011] ZAFSHC 200 (8 December 2011)

The court found that the applicant had applied for a restaurant liquor licence in respect of premises previously licensed for such use and had made substantial investments and commitments in anticipation of lawful trading. The respondents' delay in considering the application was attributed to a systemic backlog, not to any defect or deficiency in the applicant's submission. The court held that the applicant cannot be compelled to exhaust internal remedies where the administrative body fails to act within a reasonable time. Exceptional circumstances were present, including the risk of irreparable harm to the applicant and the absence of any public interest detriment. The court exercised...

Citation
[2011] ZAFSHC 200
Parties
Applicant: Targazest (Pty) Ltd; Respondent: Vrystaat Dobbel en Drankowerheid; Respondent: Die Voorsitter van Vrystaat Dobbel en Drankowerheid
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 December 2011
Case Number
5034/2011
Procedural Posture
Urgent Application / Interim Relief Pending Administrative Determination
Outcome
Interim relief granted; applicant authorised to trade pending determination of its liquor licence application.
Judges
Kruger
Legal Topics
Promotion of Administrative Justice Act, Interim Relief, Liquor Licensing, Mandamus, Public Interest, Procedural Fairness
Administrative Law Land and Property Promotion of Administrative Justice Act Interim Relief Liquor Licensing Mandamus Public Interest Procedural Fairness

Case Brief

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Parties

Targazest (Pty) Ltd

Applicant

Vrystaat Dobbel en Drankowerheid

Respondent

Die Voorsitter van Vrystaat Dobbel en Drankowerheid

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Administrative Determination

Legal Issues

  1. 1 Whether the applicant is entitled to interim relief to trade pending the determination of its liquor licence application.
  2. 2 Whether the delay by the respondents in considering the application justifies court intervention.
  3. 3 Whether the applicant has met the requirements for urgent relief under PAJA.

Ratio Decidendi

The court found that the applicant had applied for a restaurant liquor licence in respect of premises previously licensed for such use and had made substantial investments and commitments in anticipation of lawful trading. The respondents' delay in considering the application was attributed to a systemic backlog, not to any defect or deficiency in the applicant's submission. The court held that the applicant cannot be compelled to exhaust internal remedies where the administrative body fails to act within a reasonable time. Exceptional circumstances were present, including the risk of irreparable harm to the applicant and the absence of any public interest detriment. The court exercised...

Court Disposition

Interim relief granted; applicant authorised to trade pending determination of its liquor licence application.

Orders

  • Pending the consideration of the applicant's application for a restaurant registration certificate by the first respondent, the applicant is authorised to trade as if the registration has been approved until the application is decided, and if approved, until registration is issued.
  • The respondents are ordered to pay the costs of the application, except the wasted costs of the hearing on 1 December 2011, which are to be borne by the applicant.