South Africa Case Law

Visagie t/a Prieska Entertainment Centre v Minister of Safety and Security N.O and Others (1084/2013, 1085/2013)

Visagie t/a Prieska Entertainment Centre v Minister of Safety and Security N.O and Others (1084/2013, 1085/2013) [2018] ZANCHC 77 (26 October 2018)

Court

Northern Cape High Court, Kimberley

Case number

1084/2013, 1085/2013

Judges

Tlaletsi, Olivier, Mamosebo

The High Court upheld appeals over seized gambling machines and ordered unconditional return of the goods, finding the court a quo erred on restoration.

• Spoliation
• Restoration Of Possession
• Gambling Machines
• Illegality Of Possession
• National Gambling Act
• Superior Courts Act

Visagie t/a Prieska Entertainment Centre v Minister of Safety and Security N.O and Others (1084/2013; 1085/2013)

Visagie t/a Prieska Entertainment Centre v Minister of Safety and Security N.O and Others (1084/2013; 1085/2013) [2013] ZANCHC 30 (6 September 2013)

Court

Northern Cape High Court, Kimberley

Case number

1084/2013; 1085/2013

Judge

C.C. Williams

The court held that, although the search warrants were invalid and the applicants were unlawfully deprived of possession, the Ngqukumba decision of the Supreme Court of Appeal is binding and precludes restoration of possession where such possession is unlawful under statute. The mere lodging of an application for leave to appeal in Ngqukumba does not suspend the binding effect of the SCA's ratio decidendi. Only items lawfully possessed by the applicants must be restored; the gambling machines, being unlawful to possess under the National Gambling Act, cannot be restored. The respondents, havi…

Source excerpt

• Mandament Van Spolie
• Search And Seizure
• Invalid Search Warrant
• Unlawful Possession
• National Gambling Act

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

Briedenhann v Peermont Global (Eastern Free State) (Pty) Ltd (5839/2008)

Briedenhann v Peermont Global (Eastern Free State) (Pty) Ltd (5839/2008) [2008] ZAFSHC 147 (4 December 2008)

Court

Free State High Court, Bloemfontein

Case number

5839/2008

Judge

C.H.G. van der Merwe

The High Court refused provisional sentence on a casino cheque after finding that the plaintiff probably conspired with an employee to cheat at roulette.

• Enforceability Of Gambling Debt
• Provisional Sentence
• Cheating In Casino
• National Gambling Act
• Provincial Gambling Legislation
• Provisional-sentence

Sun Air Limited & Kersaf Investments Limited and Sun International (SA) Holdings (Pty) Ltd / Sun International (SA) Ltd (31/LM/Jul03)

Sun Air Limited & Kersaf Investments Limited and Sun International (SA) Holdings (Pty) Ltd / Sun International (SA) Ltd (31/LM/Jul03) [2003] ZACT 44 (26 August 2003)

Court

Competition Tribunal

Case number

31/LM/Jul03

Judges

D. Lewis, N. Manoim, T. Orleyn

The Competition Tribunal approved a merger giving Kersaf sole control of SISA Holdings, finding no competition concerns or public interest issues.

• Merger Control
• Acquisition Of Shares
• Sole Control
• Public Interest
• National Gambling Act
• Merger-control