South Durban Community Environmental Alliance v MEC for Economic Development, Tourism and Environmental Affairs: KwaZulu-Natal Provincial Government (231/2019) [2020] ZASCA 39 (17 April 2020)

Peermont v Chairperson of the North West Gambling Review Tribunal and Others
Administrative law – review – legality – the lawfulness and fairness of the licence application process in terms of the North West Gambling Act 2 of 2001 (the North West Act) – whether the licence application process was procedurally unfair, given that (a) the applicable Request for Applications was not provided to the appellant, and (b) allegedly incomplete copies of the bingo licence applications were made available for public inspection – whether electronic bingo terminals (EBTs) to be provided for play offered the game of ‘bingo’ as defined in the North West Act – whether the North West Gambling Board failed to have regard to the adverse impact that the licence of bingo operations was likely to have on the appellant’s nearby casinos.

Galaxy Bingo Moruleng (Pty) Ltd and Another v North West Gambling Board and Others (in re Jonoforce (Pty) Limited)
Administrative law – review – legality – whether the decision to grant the application of the sixth respondent, Jonoforce (Pty) Ltd, for a bingo licence at Klerksdorp was unlawful – whether fact that a portion of the sixth respondent’s application for a bingo licence was marked confidential and not publicly disclosed, violated ss 32(3)(a) and 24(5)(d) of the North West Act and rendered the award pursuant thereto procedurally unfair – whether the impugned decisions were inter alia irrational, unreasonable and based on a failure to consider relevant considerations.

Galaxy Bingo Moruleng (Pty) Ltd v North West Gambling Board and Others (in re Latiano 560 (Pty) Limited)
Administrative law – review – legality – whether the decision of the North West Gambling Board, to grant the application of Latiano 560 (Pty) Ltd, for a bingo licence in Mahikeng was unlawful – whether the decision was made on the basis of an arithmetical error – whether the reasons given by the Board did not reflect the decisions actually made, alternatively, show that the Board considered  irrelevant considerations and failed to consider relevant ones.

Administrative Law – review of appeal decision by Member of
Executive Council (MEC) – failure to timeously review decision of the Head of
Department of Agriculture, Conservation and Environment, Gauteng Provincial
Government (HOD), subject of the appeal decision of the MEC – inordinate delay
in seeking to review HOD’s decision – want of compliance with ss 7 and 9 of the
Promotion of Administrative Justice Act 3 of 2000 – appeal dismissed.

Admin law — Commission committed no error of law or fact —No basis to review the Commission’s findings — Customary law — Commission sufficiently resolved the dispute by considering customary law, genealogy and the views of amaMpondo — rightful successor was never determined customarily but statutorily and in terms of colonial and apartheid laws.