Gauteng Gambling Board and Another v MEC for Economic Development, Gauteng Provincial Government (620/2012)
Gauteng Gambling Board and Another v MEC for Economic Development, Gauteng Provincial Government (620/2012) [2013] ZASCA 67; 2013 (5) SA 24 (SCA); [2013] 3 All SA 370 (SCA) (27 May 2013)
The Supreme Court of Appeal found that the MEC for Economic Development, Gauteng Provincial Government, acted unlawfully and beyond her statutory powers in dissolving the Gauteng Gambling Board. The evidence demonstrated that the MEC's decision was motivated by an ulterior purpose: to pressurise the Board into accommodating a commercial entity, African Romance, in its premises. The MEC's reliance on EXCO's decision and the Gauteng Gambling Act was misplaced, as the statutory framework did not empower her to dissolve the Board for the reasons advanced. The Board was statutorily obliged to act…
Source excerpt
- Principle Of Legality
- Ulterior Purpose
- Review Of Administrative Action
- Promotion Of Administrative Justice Act
- Public Finance Management Act
- Costs Orders Against Public Officials