CCT31/05

2006 (8) BCLR 883 (CC)

Langa CJ

18 May 2006

http://hdl.handle.net/20.500.12144/2354

This case was first heard in the Pretoria High Court and subsequently on appeal by the Supreme Court of Appeal. This is an appeal to the Constitutional Court against the judgment of the Supreme Court of Appeal. The applicant also applies for direct access to the Constitutional Court to enable it to challenge the constitutional validity of certain provisions of the National Gambling Act 7 of 2004.

This case sought to involve a delictual claim by a totalisator against bookmakers on the ground that the use of the totalisator's dividends amounted to unlawful competition. In a unanimous judgment Langa CJ held that there was no need to develop the test of unlawful competition in terms of s. 39(2) of the Constitution.