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To strive towards a healthy relationship with our stakeholders.

To promote a culture of responsible gambling in the Province.

It is a long-held principle of our administrative law that the primary focus in scrutinising administrative action is on the fairness of the process, not the substantive correctness of the outcome.[30] The adoption of the policy in August 2011 not to permit liquor businesses within a 500m radium from churches and schools and the applying of that policy on the present application renders the administrative decision to fall foul when scrutinised in terms of PAJA, for the following reasons:[31] The evident failure by the First Respondent to at all consider and take into account whether the business will be carried on in a manner that would not disturb the proceedings in the places of worship or school in the vicinity also renders the administrative decision to fall foul if scrutinised in terms of PAJA, for the following reasons:(i) it did not comply with the mandatory and material condition prescribed by the empowering provision (Section 22 of the Act) and accordingly in contravention of the provisions of Section 6(2)(d) of PAJA.(ii) relevant considerations were not being considered (as contemplated by the provisions of Section 6(2)(e)(iii) of PAJA) and this failure caused the decision not to be rationally connected to the purpose of the empowering provision, namely to establish whether the granting of a licence in respect of a premises situated in the vicinity of a place of worship or school would cause a business to be carried on in a manner that would disturb the proceedings in that place of worship or school (as contemplated by the provisions of Section 6(2)(f)(ii)(bb) of PAJA.).[32] It follows from the aforesaid that the decision of the First Respondent not to grant to the Applicant a special on-consumption liquor licence (eating house) in respect of the premises is liable to be reviewed and set aside.

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Section 8 of PAJA gives detailed legislative content to the constitutions “just and equitable” remedy.1.The decision not to grant to the Applicant a special on-consumption liquor licence (eating house) in respect of the premises described as Matimo Eating House, situated at F220 Boltman B, Madonsi Village, Malamulele is declared invalid and it is reviewed and set aside;2.The following sets of information furnished are relevant to this application:(i) It was declared that the premises is situated within the business area of Malamulele and there are no schools or churches situated in close proximity to the premises.It was, however disclosed that there are other dining facilities and off-consumption facilities in the area where the premises is located;(iii) It was disclosed that the Applicant recently rented the premises and was under the impression that the premises was licenced for an on-consumption facility.In this regard the proximity of the premises to a place of worship or school or in a residential area may vary according to, amongst other factors that may be present, the density of buildings in the area and the type of activities undertaken within that particular area where the premises is situated.[21] I am, however, without deciding the issue prepared to accept in favour of the First Respondent that the premises can be regarded as being in the vicinity of a place of worship or school or in a residential area.[23] The relevant part of Section 22 of the Act also requires consideration of the issue whether the business will be carried on in a manner that would not disturb the proceedings in the place of worship or school in the vicinity and whether it will prejudice the residents of that residential area.[24] It is clear from the report from the designated police officer (filed in accordance with Section 140 of the Act) that the issue whether the business will be carried on in a matter that would not disturb the proceedings in that place of worship or school was not considered by him and he made no representations in that regard.

This much is evident from the fact that the issue was not addressed in his report at all.[25] The reason for the refusal that is provided by the First Respondent is limited only to a token statement that the premises is 300m away from two places of worship and 500m away from a school.

The Limpopo Gambling Board was established in terms of Section 2 of the Limpopo Gambling Act (Act No. The Board is a juristic person and is regulated among others by the following statutes: To operate in accordance with the highest moral and ethical standards.

To accept responsibility towards our most important resources, our employees and to maximize the development and utilization thereof.

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[2] The Applicant applied with the First Respondent for the granting of a special on-consumption liquor licence (eating house) in respect of premises situated at F220 Boltman B, Madonsi Village, Malamulele.still finds application in the Limpopo Province, despite the repeal of the Act by the provisions of Section 46 of the Liquor Act, 59 of 2003.