Maxime Hotel (Pty) Ltd and Another v Chairperson: National Gambling Board N.O and Others (70868/2012)
Maxime Hotel (Pty) Ltd and Another v Chairperson: National Gambling Board N.O and Others (70868/2012) [2014] ZAGPPHC 121 (20 March 2014)
The court held that the applicants misconceived their remedy by launching a constitutional challenge to regulation 3(2) without first exhausting administrative remedies under the Promotion of Administrative Justice Act (PAJA). The applicants did not face the threat of coercive state action and thus were not entitled to bring a collateral challenge. The relief sought was also moot and academic, as striking down regulation 3(2) would leave regulation 3(1) intact, which limits provincial licensing authorities to issuing licenses for up to five limited payout machines per site. The application wa…
Source excerpt
- Ultra Vires Regulation
- Provincial Licensing Authority
- Concurrent Legislative Competence
- Promotion Of Administrative Justice Act
- Constitutional Challenge
- Declaratory Relief