Wong Sin Cheong v Johannesburg Municipality [1911] ZATPD 39 (6 April 1911)

Municipality - Licences - Grant - Discretion of Committee - Written Notice of Application affixed to Premises - Johannesburg Municipal Bye-Laws

A bye-law of a municipality provided that, if an applicant for a trading licence did not affix and maintain a written notice of his application on the outer door of the premises in respect of which he required the licence, at and from the time of filing his application till the hearing thereof, the Licensing Committee might refuse to consider the application. Another bye-law provided that applicants should be entitled to be heard in person, or by legal representation, and to call evidence on oath. At the hearing of an application for a Kaffir Eating House licence, it was proved that the written notice on applicant's door had been removed temporarily for a period of four hours after the application had been filed. The Licensing Committee thereupon refused to consider the application, or hear evidence in explanation of the temporary removal.

Held, on application lo the Supreme Court, that the Committee 'had a discretion to grant or refuse the licence, but, by refusing to hear the evidence, had failed to exercise this discretion, and should be ordered to re-try the application and hear the said evidence.