South Africa Case Law

Maxime Hotel (Pty) Ltd and Another v Chairperson: National Gambling Board N.O and Others (70868/2012)

Maxime Hotel (Pty) Ltd and Another v Chairperson: National Gambling Board N.O and Others (70868/2012) [2014] ZAGPPHC 121 (20 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

70868/2012

Judge

N Kollapen

The court held that the applicants misconceived their remedy by launching a constitutional challenge to regulation 3(2) without first exhausting administrative remedies under the Promotion of Administrative Justice Act (PAJA). The applicants did not face the threat of coercive state action and thus were not entitled to bring a collateral challenge. The relief sought was also moot and academic, as striking down regulation 3(2) would leave regulation 3(1) intact, which limits provincial licensing authorities to issuing licenses for up to five limited payout machines per site. The application wa…

Source excerpt

• Ultra Vires Regulation
• Provincial Licensing Authority
• Concurrent Legislative Competence
• Promotion Of Administrative Justice Act
• Constitutional Challenge
• Declaratory Relief

National Gambling Board v Free State Gambling Board and Others (68/2000)

National Gambling Board v Free State Gambling Board and Others (68/2000) [2001] ZASCA 39; [2001] 3 All SA 529 (A) (26 March 2001)

Court

Supreme Court of Appeal

Case number

68/2000

Judges

Vivier, Harms, Schutz, Scott, Cameron

The Supreme Court of Appeal held that special gambling licences issued under section 38 of the Free State Gambling and Racing Act are not exempt from the general provisions of that Act or the National Gambling Act. The phrase 'notwithstanding any other provision' in section 38 only qualifies the issuance of licences for specified dates and does not permit circumvention of the substantive requirements of the Acts. The Free State Gambling Board was not entitled to issue special licences for slot machines for a period of one year, as this did not constitute 'specified dates' and was beyond its s…

Source excerpt

• Licensing Of Gambling Machines
• Locus Standi
• Interpretation Of Statutes
• Concurrent Legislative Competence

In re: National Education Policy Bill No 83 of 1995 (CCT46/95)

In re: National Education Policy Bill No 83 of 1995 (CCT46/95) [1996] ZACC 3; 1996 (4) BCLR 518; 1996 (3) SA 289 (3 April 1996)

Court

Constitutional Court

Case number

CCT46/95

Judges

Chaskalson, Mahomed, Ackermann, Didcott, Kentridge, Kriegler, Langa, Madala, Mokgoro, O'Regan, Sachs

The Constitutional Court held that the National Education Policy Bill was not unconstitutional and did not compel provinces to implement national education policy.

• Concurrent Legislative Competence
• Provincial Autonomy
• National Policy Override
• Consultative Structures
• Constitutional Interpretation
• Constitutional-law