North west gambling board
NW Gambling Board faces dissolution over board mismanagement, fraud. This after a forensic probe found that board members submitted excessive and fraudulent claims and made irregular TRADINGONLINE.PRO: Clement Manyathela. JOHANNESBURG - Eyewitness News has learnt that the North West Gambling Board paid over R1 million to companies linked to its chairperson Lavelle Vere. Documents in Author: Clement Manyathela. North West Gambling Board (N W G B) (Mmabatho) is listed on our site as an industry related company's branch. Their Contact information is here due to an association with the Lead information we provide. This includes, but is not limited to Private Construction Projects.
When it evaluates where the balance of convenience rests, a court must recognise that it is invited to restrain the exercise of statutory power within the exclusive terrain of the Executive or Legislative branches of Government. None of those executing the warrant knew that it suffered a defect…….. That requires the benefit that will flow from allowing the intrusion upon protected rights to be weighed against the loss that the intrusion will entail, and only if the loss is outweighed by the benefit to an extent that meets the standard that is set by s 36 will it be permitted to order an intrusion. See paragraphs  —  of my judgment. In this case, the Court, having considered several authorities and cases which were for and against the view that the element of lawfulness of possession is crucial in certain circumstances held the following view in obiter:. The inquiry must, alongside other relevant harm, have proper regard to what may be called separation of powers harm. This issue can at best be adjudicated upon in the intended review application to be launched by the applicants.
In the matter between:. The Court erred by holding that the Applicant had to state why he would be lawfully entitled to possess Gambling Machines;. The Court erred by not holding that an unlawful act is capable of producing legally valid consequences only for as long as the unlawful act is not set aside.
In the event of the search warrant being invalid there was not statutory justification for the invasion of privacy that constituted the search seizure;. It follows that where the stationary justification has been declared to be unlawful that the search and seizure had to be unlawful;. The Court erred by holding that had Moloto AJ had the benefit of the Respondents version a spoliation order would not have been granted;. In a spoliation application the lawfulness or otherwise of the possession to be restored could not be taken into consideration;.
In both those cases the relief sought was not a spoliation application although the Court looked into the validity of search warrants. The Applicant merely sought a restoration of possession and did not seek any relief on the merits in other words whether his equipment were gambling machines or not.
On a claim for mere restoration it is not a valid defense to set up a claim on the merits;. The Court erred by holding that the Applicant was not wrongfully dispossessed of the machines because the Respondent were authorized by a valid search warrant to search and seize the machines;. The Court erred by holding that the declaration of the warrant to be invalid is immaterial;. The Court erred by holding that there was an abuse of process;.
Not reportable. Not of interest to other judges. In the matter between:. Interdicting the —. J on 18 th May On 02 nd June Gura. J delivered his judgment and granted an order in the following terms;. Consequently, the application is struck off with costs. The matter was thereafter enrolled on 18 th August for argument on the merits of the application. Due to the unavailability of counsel acting on behalf of the first respondent, it was postponed until 29 th August On the 29 th August , after listening to the submissions by counsel, judgment was reserved.
The first applicant is therefore a role player in the regulated gambling industry in amongst others, Vryburg. It is contended by the applicant that as a consequence of it being the holder of a bookmaker licence, it may in the future, apply for a site operator licence, entitling it to install and operate a minimum of five limited pay out gambling machines on its premises.
The first applicant avers furthermore that it accordingly has a direct interest in ensuring that it competes on an equal footing for its share in the "leisure rand" with other licensed role players in the gambling industry in Vryburg.
The term "leisure rand" denotes the amount available in Vryburg to be spent on entertainment and specifically in the gambling industry. According to the first applicant it has a constitutional interest in terms of section 38 3 of the Constitution, in ensuring that whatever gambling activity takes place under the guise of a gambling licence, is lawful.
The second respondent is a company duly registered under the company laws of South Africa, with its main place of business at 30 Market Street, Vryburg, the address at which the second respondent is to operate its business. The second respondent shortly thereafter commenced with the development of the premises at 30 Market Street, Vryburg, for the purpose of the utilization of its bingo licence.
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