Thuo Gaming Western Cape (Pty) Ltd v Chairperson of the Western Cape Gambling And Racing Board (11360/11)
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)
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…
Source excerpt
- Licensing Conditions
- Review Of Administrative Action
- Competition In Gambling Industry
- Rationality Of Regulatory Decisions
- Black Economic Empowerment
- Site Operator Restrictions