Bus Rank-based casino denied CBD relocation
Mpho Mokwape | Wednesday February 7, 2018 13:08
The casino management will have to retrace their steps to seek a new approach after the Court of Appeal recently squashed their win at the High Court.
They had sought to move to the CBD since 2013 and after numerous attempts to validate their relocation through the right channels that included approaching the gambling authority board and the relevant minister and being turned down, they then pursued the matter at the High Court.
Justice Zein Kebonang had given the casino a lifeline in 2016, but the CoA set aside his judgment after the chairperson of the Gambling Authority Board and the Attorney General appealed.
The judgment prepared by Justice Isaac Lesetedi shattered the casino management’s dreams when he agreed that the High Court decision was unsupported therefore it could not stand.
He explained that in his judgment he completely disregarded averments and factual complaints contained in the appellant’s submissions but not borne out by the affidavits.
“These are not only impermissible but irrelevant to the dispute. On the facts, having been no decision by the board, the casino could not lawfully assert a right against the minister,” he said.
Lesetedi said the minister was legally correct in his position of refusing to entertain the appeal, as he did not have the legal jurisdiction.