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Commercial And Corporate [2024] ZAECMKHC 43

Vukani Gaming Eastern Cape (Pty) Ltd v Nailing Wen 518 (Pty) Ltd and Others (CA32/2023)

Vukani Gaming Eastern Cape (Pty) Ltd v Nailing Wen 518 (Pty) Ltd and Others (CA32/2023) [2024] ZAECMKHC 43 (18 April 2024)

Court
Eastern Cape High Court, Makhanda
Case number
CA32/2023
Judges
V P Noncembu, J Eksteen, R Kruger

The court found that the respondents were operating illegal gambling activities at their premises without the requisite licences, based on uncontested evidence from the appellant's investigators. The appellant, as a licensed route operator with a proprietary and financial interest in the operation of Limited Pay-Out Machines, suffered special damage due to the respondents' unlawful competition and thus had locus standi to bring the application. The remedies provided by the National and Provincial Gambling Acts are aimed at criminal prosecution for past breaches and do not offer effective reli…

Source excerpt

  • Unlawful Competition
  • Final Interdict
  • Gambling Regulation
  • Locus Standi
  • Alternative Remedy
  • Illegal Gambling
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Civil Procedure [2020] ZAGPPHC 434

Royal Internet Cafe v Vukani Gaming Gauteng (Pty) Ltd and Others (A511/2017)

Royal Internet Cafe v Vukani Gaming Gauteng (Pty) Ltd and Others (A511/2017) [2020] ZAGPPHC 434 (20 August 2020)

Court
North Gauteng High Court, Pretoria
Case number
A511/2017
Judges
N Davis, A J Bam, N Ranchod

The court found that the applicants had established, on a balance of probabilities, that the appellant was conducting unlawful gambling activities in contravention of the National Gambling Act and Gauteng Gambling Act. The detailed affidavits of the investigators, corroborated by photographs and supporting documents, were not effectively disputed by the appellant, whose denials were generalized and lacked substance. The court applied the Plascon-Evans principle, holding that no genuine factual dispute had been raised and that the evidence justified the granting of a final interdict. The court…

Source excerpt

  • Final Interdict
  • Illegal Gambling
  • Licensing Requirements
  • Motion Proceedings
  • Unlawful Competition
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Civil Procedure [2017] ZAGPPHC 659

Casino Association of South Africa v Pieters t/a Internet Entertainment and Others; Pieters t/a Internet Entertainment v Minister of Safety and Security NO and Others (2015/33791; 2015/33791)

Casino Association of South Africa v Pieters t/a Internet Entertainment and Others; Pieters t/a Internet Entertainment v Minister of Safety and Security NO and Others (2015/33791; 2015/33791) [2017] ZAGPPHC 659 (11 October 2017)

Court
North Gauteng High Court, Pretoria
Case number
2015/33791
Judge
N.M. Mavundla

The court found that the applicant failed to establish urgency, having delayed in launching the application and instead sought clarification from the respondents. The magistrate had sufficient information and reasonable grounds to issue the search and seizure warrant, supported by affidavits and evidence of illegal gambling activities. The applicant did not possess a valid gambling licence and failed to prove undisturbed possession or unlawful deprivation required for mandament van spolie. The intervening applicant, Casino Association of South Africa, did not demonstrate a direct and substant…

Source excerpt

  • Mandament Van Spolie
  • Search And Seizure
  • Urgency In Motion Proceedings
  • Illegal Gambling
  • Warrant Issuance
  • Right To Possession
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Administrative Law [2010] ZAGPPHC 543

De Jager and Another v Minister of Safety and Security N.O. and Others (68993/09)

De Jager and Another v Minister of Safety and Security N.O. and Others (68993/09) [2010] ZAGPPHC 543 (23 February 2010)

Court
North Gauteng High Court, Pretoria
Case number
68993/09
Judge
Louw

The court found, on an overwhelming balance of probabilities, that gaming and gambling were taking place at the applicants' premises in contravention of the relevant legislation. The applicants failed to provide evidence from customers to refute the respondent's evidence of payouts and gambling activities. The Highstead decision was distinguished on the facts, as there was clear evidence of illegal gambling and no improper motive by the police. The search and seizure without a warrant was justified under section 22 of the Criminal Procedure Act due to the risk of evidence being removed if not…

Source excerpt

  • Search And Seizure
  • Interim Interdict
  • Illegal Gambling
  • Gauteng Gambling Act
  • National Gambling Act
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Criminal Law [2009] ZANCHC 49

Polonyfis v Provisional Commissioner for the SAPS, Northern Cape, No and Others (1365 / 2007)

Polonyfis v Provisional Commissioner for the SAPS, Northern Cape, No and Others (1365 / 2007) [2009] ZANCHC 49; 2010 (1) SACR 586 (NCK) (16 October 2009)

Court
Northern Cape High Court, Kimberley
Case number
1365/2007
Judge
Lacock

The court found that the warrant issued by the Magistrate, Colesberg, was valid and not overbroad or vague. The goods to be seized—money, tokens, and gambling machines—were sufficiently described in the warrant and its annexure. The magistrate properly exercised his discretion in issuing the warrant under all three subsections of section 20 of the Criminal Procedure Act, as the suspected offence involved illegal gambling using machines, tokens, and money. The police's seizure of items not covered by the warrant did not invalidate the warrant, as those items could be severed and returned witho…

Source excerpt

  • Search And Seizure
  • Criminal Procedure Act
  • Illegal Gambling
  • Warrant Validity
  • Judicial Discretion
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Constitutional Law [2006] ZANCHC 70

Farmer v Provincial Commissioner for the SAPS, Northern Cape and Others (1445/06)

Farmer v Provincial Commissioner for the SAPS, Northern Cape and Others (1445/06) [2006] ZANCHC 70 (15 December 2006)

Court
Northern Cape High Court, Kimberley
Case number
1445/06
Judge
Lacock

The court found that the police acted reasonably and lawfully in conducting the search and seizure without a warrant, as the urgency and lack of a magistrate in Port Nolloth justified immediate action to preserve evidence of illegal gambling. The requirements of section 22(b) of the Criminal Procedure Act were met, and the seizure of articles was within the ambit of section 20. However, the court held that while the initial closure of the premises to safeguard the gambling machines was reasonable and justified under the circumstances, continued denial of access to the applicant after the expe…

Source excerpt

  • Search And Seizure
  • Right To Privacy
  • Arbitrary Deprivation Of Property
  • Illegal Gambling
  • Police Powers
  • Restoration Of Possession
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.