South Africa Case Law

Ithuba Holdings (Pty) Ltd v Lottostar (Pty) Ltd and Others (A46/2020)

Ithuba Holdings (Pty) Ltd v Lottostar (Pty) Ltd and Others (A46/2020) [2021] ZAMPMBHC 39 (30 August 2021)

Court

Mbombela High Court, Mpumalanga

Case number

A46/2020

Judges

Mashile, Roelofse

The court held that neither Ithuba Holdings nor the National Lotteries Commission are organs of state for purposes of section 41 of the Constitution and the Framework Act, as the Commission is a public institution excluded from the Framework Act's application. Consequently, the dispute is not intergovernmental and the requirement to exhaust alternative dispute resolution mechanisms does not apply. The preliminary defence of non-joinder was rejected, as the relief sought is against Lottostar only and does not affect other bookmakers or authorities. On the merits, the court found that Lottostar…

Source excerpt

• Lotteries Act Interpretation
• Intergovernmental Dispute
• Non Joinder
• Unlawful Gambling
• Exclusive Licensing

Vukani Gaming Gauteng (Pty) Ltd and Others v KKK Properties CC and Others (87975/2015)

Vukani Gaming Gauteng (Pty) Ltd and Others v KKK Properties CC and Others (87975/2015) [2016] ZAGPPHC 482 (21 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

87975/2015

Judge

TS Madima

The High Court granted a final interdict against premises used for unlawful gambling activities, finding unlicensed conduct contrary to national and provincial gambling laws.

• Unlawful Gambling
• Licensing Requirements
• Interdict
• Public Policy
• Route Operator Licence
• Unlawful-gambling

Merensky and Othes v National Director of Public Prosecutions (500-507/2008)

Merensky and Othes v National Director of Public Prosecutions (500-507/2008) [2008] ZANWHC 31 (3 July 2008)

Court

North West High Court, Mafikeng

Case number

500-507/2008

Judge

M.T.R. Mogoeng

The High Court discharged a preservation order because a related case involving the same parties, premises, and issues was already pending in another division.

• Preservation Order
• Unlawful Gambling
• Forum Non Conveniens
• Preservation-order
• Unlawful-gambling
• Judicial-comity