South Africa Case Law

Alan Gray Limited and Other v Chairperson of the KwaZulu-Natal Gambling Board and Others (4426/2011P)

Alan Gray Limited and Other v Chairperson of the KwaZulu-Natal Gambling Board and Others (4426/2011P) [2025] ZAKZPHC 39 (25 April 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4426/2011P

Judge

Van Zyl

The court found that the acquisition of twenty point six percent of the shares in Gold Reef Resorts Limited by Alan Gray Limited constituted a financial interest of more than five percent in the business to which the licence related, as contemplated by section 50(1) of the KwaZulu-Natal Gambling Act 10 of 1996. Alan Gray Limited, acting as agent for undisclosed principals, was the party that acquired the shares from Casinos Austria International. The subsequent allocation of shares to various entities and clients did not alter the fact that Alan Gray Limited was the contracting party. The pro…

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• Licensing Of Gambling Operations
• Financial Interest Thresholds
• Agency And Undisclosed Principals
• Statutory Interpretation
• Regulatory Compliance

LexisNexis South Africa (Pty) Ltd v Minister of Justice and Correctional Services (2023-010096)

LexisNexis South Africa (Pty) Ltd v Minister of Justice and Correctional Services (2023-010096) [2024] ZAGPPHC 569 (13 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-010096

Judge

Swanepoel

The High Court refused leave to appeal, holding that the phrase “in the presence of” in the Regulations was clear and not open to a purposive rewrite to fit modern technology.

• Statutory Interpretation
• Purposive Approach
• Regulatory Compliance
• Statutory-interpretation
• Purposive-interpretation
• Leave-to-appeal

Mercantile Bank, A division of Capitec Bank Limited and Others v Surve and Others (206/CAC/Oct22 ; 208/CAC/Oct22 ; 209/CAC/Oct22 ; 210/CAC/Oct22 ; IR153Dec21)

Mercantile Bank, A division of Capitec Bank Limited and Others v Surve and Others (206/CAC/Oct22 ; 208/CAC/Oct22 ; 209/CAC/Oct22 ; 210/CAC/Oct22 ; IR153Dec21) [2023] ZACAC 2; [2023] 3 CPLR 33 (CAC) (17 June 2023)

Court

Competition Appeal Court

Case number

206/CAC/Oct22 ; 208/CAC/Oct22 ; 209/CAC/Oct22 ; 210/CAC/Oct22 ; IR153Dec21

Judges

Manoim JP, Mlambo AJA, Spilg AJA

The Competition Appeal Court upheld three banks’ appeal, set aside interim relief orders, and held Sekunjalo had not shown a prima facie competition-law case.

• Refusal To Deal
• Concerted Practice
• Abuse Of Dominance
• Interim Relief
• Prima Facie Case
• Regulatory Compliance

Xylomed Pharmaceuticals (Pty) Ltd v Omnisol Outsourced Solutions (Pty) Ltd (33995/2020)

Xylomed Pharmaceuticals (Pty) Ltd v Omnisol Outsourced Solutions (Pty) Ltd (33995/2020) [2023] ZAGPPHC 54 (27 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

33995/2020

Judge

LG Kilmartin

The High Court rescinded a default judgment after finding the applicant was not in wilful default and had a bona fide defence based on missing SAHPRA approval.

• Rescission Of Default Judgment
• Specific Performance
• Contractual Conditions
• Regulatory Compliance
• Service Of Process
• Rescission-of-default-judgment

HOT 1027 FM (PTY) LTD v Independent Communications Authority of South Africa and Others (23582/2022)

HOT 1027 FM (PTY) LTD v Independent Communications Authority of South Africa and Others (23582/2022) [2023] ZAGPPHC 9 (13 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

23582/2022

Judge

E M Kubushi

The High Court partially reviewed ICASA’s decision on HOT 1027’s licensing dispute, upholding the rebranding finding but setting aside the format finding.

• Promotion Of Administrative Justice Act
• Broadcasting Licence Conditions
• Regulatory Compliance
• Interpretation Of Statutes
• Station Rebranding
• Format Obligations

Meridian Hygiene (PTY) Ltd v Head of the Department of Health, Mpumalanga and Another (3411/2020)

Meridian Hygiene (PTY) Ltd v Head of the Department of Health, Mpumalanga and Another (3411/2020) [2021] ZAMPMBHC 40 (7 September 2021)

Court

Mbombela High Court, Mpumalanga

Case number

3411/2020

Judge

Roelofse

The court found that the department placed both the existence and validity of the alleged verbal agreement in dispute, raising a real triable issue. The regulatory framework governing public procurement prohibits oral agreements, rendering any such agreement void ab initio if concluded in contravention of the law. The department's answering affidavit disclosed a bona fide defence with sufficient particularity, and Meridian's claim did not qualify as a liquidated amount for summary judgment purposes. The court exercised its discretion to refuse summary judgment, holding that the matter should…

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• Summary Judgment
• Public Procurement
• Oral Contracts
• Liquidated Claims
• Enrichment
• Regulatory Compliance

Deeps Betting Grounds (Pty) Ltd v Desert Palace Hotel Resort (Pty) Ltd and Another (142/2020)

Deeps Betting Grounds (Pty) Ltd v Desert Palace Hotel Resort (Pty) Ltd and Another (142/2020) [2021] ZASCA 86 (21 June 2021)

Court

Supreme Court of Appeal

Case number

142/2020

Judges

Petse, Mocumie, Dlodlo, Ledwaba, Carelse

The SCA dismissed both an application for leave to appeal and the appeal, holding that gambling activity at the premises was unlawful without a valid licence.

• Leave To Appeal
• Gambling Licensing
• Interdict
• Compliance With Court Order
• Regulatory Compliance
• Leave-to-appeal

Reiscor Tow CC and Others v Minister of Trade and Industry and Another (4640/19)

Reiscor Tow CC and Others v Minister of Trade and Industry and Another (4640/19) [2020] ZAGPPHC 192 (7 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

4640/19

Judge

N.M. Mavundla

The court found that the requirements for BEE, tax, and zoning certificates for annual renewal of liquor distributor registrations are prescribed by Regulation 9 of the National Liquor Regulations and derive their authority from the National Liquor Act. The respondents' refusal to issue renewal certificates was not ultra vires, as the applicants failed to comply with these legislative requirements. The court distinguished the Beiling case relied upon by the applicants, holding that the present requirements were not discretionary but mandated by law. There was no evidence of mala fides or mate…

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• Promotion Of Administrative Justice Act
• Liquor Licensing
• Ultra Vires
• Renewal Of Registration
• Regulatory Compliance

Deeps Betting Grounds (Pty) Ltd t/a Scorbet v Northern Cape Gambling Board and Another (1698/2019)

Deeps Betting Grounds (Pty) Ltd t/a Scorbet v Northern Cape Gambling Board and Another (1698/2019) [2020] ZANCHC 15 (20 March 2020)

Court

Northern Cape High Court, Kimberley

Case number

1698/2019

Judge

Dauds AJ

The High Court refused leave to appeal, holding that the SCA order could not be implemented because it conflicted with Regulation 7(c) of the Northern Cape Gambling Regulations.

• Judicial Review Of Administrative Action
• Licensing Requirements
• Regulatory Compliance
• Stare Decisis
• Leave-to-appeal
• Gambling-licensing

Afresh Brands Cape (Proprietary) Limited and Another v National Horseracing Authority of Southern Africa and Others (5870/2018)

Afresh Brands Cape (Proprietary) Limited and Another v National Horseracing Authority of Southern Africa and Others (5870/2018) [2019] ZAGPJHC 270 (8 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

5870/2018

Judge

I. Miltz

The court found that Afresh Brands failed to establish that any undisclosed part of the records requested was required for the exercise or protection of its rights. The first respondent had provided the requested documentation and a detailed report, and Afresh Brands did not identify any specific respects in which the responses were inadequate. The court held that the discretion under PAIA permits consideration of substance over form, and that a full and complete response, even if not strictly compliant with formalities, suffices. As Afresh Brands did not make out a case for further relief un…

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• Promotion Of Access To Information Act
• Access To Records
• Just Administrative Action
• Costs Award
• Regulatory Compliance