Vukani Gaming Eastern Cape (Pty) Ltd v Chairperson, Eastern Cape Gambling and Betting Board and Others (5130/2017) [2019] ZAECGHC 5 (31 January 2019)

Parties

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

1. 1 Whether the decision by the Eastern Cape Gambling and Betting Board to issue and publish a Request for Proposals (RFP) for Independent Site Operator licenses constituted administrative action reviewable under PAJA or was subject to legality review.
2. 2 Whether the Board complied with Regulation 59(3) of the Eastern Cape Gambling and Betting Act in issuing the RFP and subsequent licenses.
3. 3 Whether Smith J's prior judgment in the interdict proceedings was dispositive of the present review application.

Ratio Decidendi

The court held that the prior judgment of Smith J in the interdict proceedings was dispositive of the present review application, as it addressed the same issues regarding the rationality and legality of the Board's decision under Regulation 59(3). The applicant failed to demonstrate that Smith J's findings were clearly wrong. Furthermore, the court found that the issuing of the RFP did not constitute administrative action under PAJA, as it lacked direct external legal effect, and that Regulation 59(3) applies at the licensing stage, not the RFP stage. The Board's process, including commissioning studies, consulting stakeholders, and considering relevant factors, satisfied the rationality...

Court Disposition

Application dismissed with costs, including costs of two counsel where applicable.

Orders

• The application is dismissed.
• The applicant is directed to pay the costs of all respondents who opposed the application, including costs of two counsel where applicable.