Desert Palace Hotel Resort (Pty) Ltd v Northern Cape Gambling Board and Others (11/2023) [2024] ZANCHC 39 (26 April 2024)
Court
Northern Cape High Court, Kimberley
Case number
11/2023
Judges
Williams, Stanton
The court reviewed and set aside a gambling licence decision after finding the board had not properly measured the distance between the premises and a school.
Casino Association of South Africa v Portapa (Pty) Ltd t/a Supabets and Another (9547/2018 ; 38099/2018) [2023] ZAGPJHC 625 (5 June 2023)
Court
South Gauteng High Court, Johannesburg
Case number
9547/2018 ; 38099/2018
Judge
Crutchfield
The court held that the Gauteng Gambling Act clearly distinguishes between casino games and sporting events. Roulette is specifically defined as a casino game and is not included in the definition of sporting event. Bookmaker licensees under the Gauteng Act are only authorised to offer fixed odds bets on sporting events, which are limited to ball-games, races, athletic or sporting contests, competitions, or games usually attended by the public, and beauty contests. The attempt by the respondents to broaden the definition of sporting event to include roulette was rejected. The National Gamblin…
Goldrush Group (Pty) Ltd v North West Gambling Board and Others (648/2021) [2022] ZASCA 164; 2023 (3) SA 487 (SCA) (28 November 2022)
Court
Supreme Court of Appeal
Case number
648/2021
Judges
Ponnan, Gorven, Hughes, Mjali, Goosen
The Supreme Court of Appeal held that Goldrush Group (Pty) Ltd, as a shareholder, lacked locus standi to challenge the local PDI requirement imposed by the North West Gambling Board. The Court found that Goldrush's interest was purely financial and did not meet the threshold for own-interest standing under section 38(a) of the Constitution, as interpreted in Giant Concerts. The interests of justice did not favour granting standing, particularly as the licensee companies themselves did not support the application and at least one local PDI shareholder opposed it. The relationship created by th…
Chairperson, Eastern Cape Gambling and Betting Board and Another v Vukani Gaming Eastern Cape (Pty) Ltd and Others (1338/2019; 1366/2019; 119/2020) [2021] ZASCA 180 (17 December 2021)
Court
Supreme Court of Appeal
Case number
1338/2019; 1366/2019; 119/2020
Judges
Zondi, Schippers, Plasket, Molefe, Unterhalter
The Supreme Court of Appeal held that Regulation 59(3)(a) of the Eastern Cape Gambling Regulations requires the Board to be satisfied, on a province-wide basis, that issuing additional limited gambling machine licences will not lead to over-saturation. The Board's assessment is aggregative, not locality-specific. The study relied upon by the Board, despite its limitations, provided a rational basis for the Board's conclusion that the province was not over-saturated. The challenge to the RFP based on alleged over-saturation in certain municipalities was rejected because Regulation 59(3)(a) doe…
Deeps Betting Grounds (Pty) Ltd v Desert Palace Hotel Resort (Pty) Ltd and Another (142/2020) [2021] ZASCA 86 (21 June 2021)
Court
Supreme Court of Appeal
Case number
142/2020
Judges
Petse, Mocumie, Dlodlo, Ledwaba, Carelse
The SCA dismissed both an application for leave to appeal and the appeal, holding that gambling activity at the premises was unlawful without a valid licence.
Desert Palace Hotel Resort (Pty) Ltd v Deeps Betting Grounds (Pty) Ltd and Another (1698/2019) [2019] ZANCHC 38 (30 August 2019)
Court
Northern Cape High Court, Kimberley
Case number
1698/2019
Judge
Sieberhagen
The High Court granted an urgent interdict against unlicensed gambling operations at 23 Scott Street, Upington, holding the respondent had no valid issued licence.
Vukani Gaming Eastern Cape (Pty) Ltd v Chairperson, Eastern Cape Gambling and Betting Board and Others (5130/2017) [2019] ZAECGHC 5 (31 January 2019)
Court
Eastern Cape High Court, Grahamstown
Case number
5130/2017
Judge
Dawood
The High Court dismissed Vukani Gaming’s review challenge to an RFP for limited payout machine licences, holding the earlier interdict judgment dispositive.
Vukani Gaming Eastern Cape v Chairperson, Eastern Cape Gambling and Betting Board and Others (226/18) [2018] ZAECGHC 29 (19 April 2018)
Court
Eastern Cape High Court, Grahamstown
Case number
226/18
Judge
JE Smith
The court held that the applicant failed to establish a prima facie right to the interim relief sought, either under the lesser test or the more exacting standards applicable to interdicts restraining statutory powers. The Board's decision to issue additional licenses was taken after a comprehensive, multi-stage consultative process, considering relevant socio-economic and commercial factors, and was not solely based on the contested study. The applicant's contentions regarding irreparable harm were speculative and did not amount to a reasonable apprehension of such harm. The balance of conve…
Elite Bingo (UTH) (Pty) Ltd and Another v Zwane N.O and Others (4406/2014) [2016] ZAECGHC 34 (24 May 2016)
Court
Eastern Cape High Court, Grahamstown
Case number
4406/2014
Judge
Pickering
The High Court upheld the disqualification of two bingo licence bids, finding the applicants had not met zoning requirements or shown special municipal consent.
