The minister is conflicted, owns bars- applicants claim

Sharon Mathala | Tuesday December 23, 2025 13:26

The group accuses the minister of bias. Applicants, Dladleng Entertainment Centre Proprietary Limited, Frank Lesokwane (AKA Franco), Magare Falaki Mononi t/a club 65, Mobobi Investments proprietary limited T/A obsession lounge car n nite club, overture proprietary limited , B6 proprietary limited have dragged the ministry to court saying the amended regulations were imposed without consultation.

The new trading hours applicable only to the festive season, Bar liquor licence will now operate from 1000 hrs to 0600 hrs from 24th December, 2025 to 4th January, 2026. Discotheque/nightclub liquor will now operate 1700 hrs to 0600 hrs from 24th December, 2025 to 4th January 2026. Aggrieved individuals have stated that the amended regulations were published on 19 December 2025, giving affected stakeholders less than two full working days' notice before the Christmas holidays, and only six (6) days' notice before implementation.

The group is challenging the amendment stating that the existing framework created a clear and deliberate market segmentation between bars and nightclubs. “The framework was not accidental; it reflected a conscious policy choice by the regulatory authority to differentiate between these two categories of licensed premises,” they argue.

They are of the view that Friday and Saturday nights, after bars close at midnight, nightclubs have exclusive access to customers seeking late-night entertainment from midnight to 06:00 hrs and that this was the commercial lifeblood of the nightclub industry.

The group further notes that the new amended hours come as a shock, because initially the Minister had announced that there will be consultation with the industry stakeholders.

“Instead of proceeding with the promised legislative Bill, the First Respondent (Ministry) has now, less than two months later, implemented a radical change to trading hours through temporary regulations, published during the holiday season with minimal notice, designed to take effect during the single most commercially significant period of the year for nightclubs,” the group's court papers read further adding that it shows the Minister was negotiating in bad faith.

Further to this they accused the Minister of bias. According to an affividat deposed by one of the applicants, Kenano Manoni , a co owner of Club 65 In Goodhope, the Minister stands to benefit personally from this amendment. Manoni further lists three bars directly owned by the Minister.

“The First Respondent's private interest as the owner of Majiteng Bar was to maximize the operating hours and competitive position of his own bar business, particularly during the peak festive trading period. These two interests are in direct conflict. The First Respondent could not discharge his public duty impartially while standing to profit personally from regulations favouring bars over nightclubs,” the papers read. They continue to argue that the Minister may have used his regulatory power as Minister to make regulations which will personally benefit him, and in turn harm his commercial competitors.

“He was, quite literally, a judge in his own cause,' they argued.

The applicants further argue that this case should be heard on urgency as the damage begins immediately upon implementation.