South Africa Case Law

National Lotteries Commission v Minister of Trade, Industry and Competition (63115/2020)

National Lotteries Commission v Minister of Trade, Industry and Competition (63115/2020) [2022] ZAGPPHC 67 (1 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

63115/2020

Judge

Neukircher

The High Court held that the Minister could commission a forensic investigation into the NLC and refused access to the preliminary report at this stage.

• Ministerial Oversight
• Public Entity Governance
• Access To Information
• Lotteries Act
• Public Finance Management Act
• Shareholders Compact

National Lotteries Commission v Minister of Trade, Industry and Competition and Others (11706/2021)

National Lotteries Commission v Minister of Trade, Industry and Competition and Others (11706/2021) [2021] ZAGPPHC 256 (7 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

11706/2021

Judge

N Davis

The court set aside the Minister’s appointment of an acting chairperson of the National Lotteries Board, finding no lawful power under the Lotteries Act or PFMA.

• Implied Powers
• Appointment Of Chairperson
• Lotteries Act
• Ministerial Discretion
• Parliamentary Oversight
• Administrative-law

Kgopana v Matlala (1081/2018)

Kgopana v Matlala (1081/2018) [2019] ZASCA 174 (2 December 2019)

Court

Supreme Court of Appeal

Case number

1081/2018

Judges

Petse, Leach, Wallis, Van der Merwe, Mocumie

The Supreme Court of Appeal held that a WhatsApp message about sharing lottery winnings was not a binding offer, so no contract arose.

• Contract Formation
• Animus Contrahendi
• Quasi Mutual Assent
• Lotteries Act
• Maintenance Claim
• Contract-formation

Gidani (Pty) Ltd v Minister of Trade and Industry and Others (65337/2015)

Gidani (Pty) Ltd v Minister of Trade and Industry and Others (65337/2015) [2016] ZAGPPHC 609 (13 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

65337/2015

Judge

Mothle

High Court review dismissed a challenge to the Minister’s award of the Third National Lottery Licence to Ithuba, finding no unlawful or irrational conduct.

• Promotion Of Administrative Justice Act
• Lotteries Act
• Rationality Review
• Ministerial Discretion
• Public Procurement
• Fit And Proper Requirement

Gidani (Pty) Limited v Minister of Trade And Industry and Others (81420/2014)

Gidani (Pty) Limited v Minister of Trade And Industry and Others (81420/2014) [2015] ZAGPPHC 457 (4 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

81420/2014

Judge

Tuchten

The court found that the Minister's decision to award the National Lottery license to Ithuba Holdings was irrational and invalid. The Minister failed to properly consider whether Ithuba could meet the fixed rand value commitment in the license agreement, which posed a significant risk of insolvency. Furthermore, Ithuba did not have the required performance bond or committed financing at the date of the license award, contrary to the mandatory requirements of the Lotteries Act and the RFP. The Minister's conduct in deviating from material conditions of the RFP without proper amendment or notif…

Source excerpt

• Lotteries Act
• Public Tender Review
• Procedural Fairness
• Performance Bond Requirement
• Irrationality
• Remedies Under Paja

Gidani (Pty) Limited v Minister of Trade and Industry and Others (81420/2014)

Gidani (Pty) Limited v Minister of Trade and Industry and Others (81420/2014) [2014] ZAGPPHC 960 (9 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

81420/2014

Judge

Tuchten

The court found that Gidani failed to establish a prima facie right worthy of protection pending review, as its interest was purely commercial and not related to the vindication of the rule of law. The Minister's decision to appoint Ithuba as operator was not irrational; the process was fair, and the Minister was entitled to seek expert advice and negotiate guarantees. The risk to Gidani's commercial interests did not justify interim relief. The balance of convenience strongly favoured allowing Ithuba to prepare for its duties, as granting the interdict would cause significant and irrecoverab…

Source excerpt

• Review Of Administrative Action
• Interim Interdict
• Rationality Review
• Lotteries Act
• Balance Of Convenience

South African Education and Environment Project and Another v National Lotteries Board and Others (22352/2009)

South African Education and Environment Project and Another v National Lotteries Board and Others (22352/2009) [2010] ZAWCHC 220 (26 August 2010)

Court

Western Cape High Court, Cape Town

Case number

22352/2009

Judge

P.A.L. Gamble

The High Court reviewed and set aside refusals by the National Lotteries Board of three funding applications, holding that internal guidelines were applied too rigidly.

• Promotion Of Administrative Justice Act
• Review Of Administrative Action
• Lotteries Act
• Guidelines Vs Regulations
• Procedural Fairness
• Administrative-law