South African Marine Fuels v South African Maritime Safety Authority (16198/2021) [2024] ZAGPPHC 83 (29 January 2024)
Court
North Gauteng High Court, Pretoria
Case number
16198/2021
Judge
R G Tolmay
The High Court held that SAMSA may impose only marine-environment conditions under section 21(2) and that a general compliance recordal was not a stand-alone condition.
Tsogo Sun Caledon (Pty) Ltd and Others v Western Cape Gambling and Racing Board and Another (89/2021) [2022] ZASCA 102; 2023 (2) SA 305 (SCA) (24 June 2022)
Court
Supreme Court of Appeal
Case number
89/2021
Judges
Petse, Zondi, Gorven, Mabindla-Boqwana, Musi
The Supreme Court of Appeal set aside a Western Cape Gambling and Racing Board decision imposing a blanket Level 4 B-BBEE licence condition.
Phumelela Gaming and Leisure Ltd v Gauteng Gambling Board and Others (2014/39853) [2015] ZAGPJHC 257; [2015] 12 BLLR 1243 (LC) (6 November 2015)
Court
South Gauteng High Court, Johannesburg
Case number
2014/39853
Judge
GC Wright
Review dismissed; the High Court held the gambling board acted within its powers and could rely on the applicant’s undertaking to comply with licence conditions.
Thuo Gaming Western Cape (Pty) Ltd v Chairperson of the Western Cape Gambling And Racing Board (11360/11) [2014] ZAWCHC 77; [2014] 3 All SA 471 (WCC) (21 May 2014)
Court
Western Cape High Court, Cape Town
Case number
11360/11
Judges
Gamble, Allie, Dolamo
The court found that the Board's imposition of conditions 11 and 13 in route operator licences was not rationally connected to any empowering provision in the National Gambling Act, the Western Cape Gambling and Racing Act, or the relevant regulations. The Board's objectives of preventing monopolies and promoting small business and black economic empowerment were legitimate, but the chosen method—standard-form licence conditions—was impermissible. Such policy objectives should be implemented through regulations, which allow for transparency and public participation. The conditions arbitrarily…
