CCT15/08

[2008] ZACC 20

2009 (1) SA 600 (CC)

2009 (4) BCLR 370 (CC)

Van der Westhuizen J

19 August 2008

18 November 2008

http://hdl.handle.net/20.500.12144/3526

Application for confirmation of an order of constitutional invalidity made in respect of section 22(5) of the Kwazulu-Natal Regulation of Racing and Betting Ordinance 28 of 1957 in the Pietermaritzburg High Court: Weare and Another v Ndebele NO and Others, Case no 8337/06, handed down on 29 February 2008, unreported.

Application for confirmation of an order of invalidity made by the Pietermaritzburg High Court declaring section 22(5) of the KwaZulu-Natal Regulation and Betting Ordinance 28 of 1957 unconstitutional. This Ordinance provides that juristic persons may not hold licences to engage in bookmaking in the Province (whereas in other provinces both natural and juristic persons may hold licences). The High Court held that the section constituted unfair discrimination. The Court held that the order of constitutional invalidity made by the High Court required confirmation by the Court. However, the Court held that the section served a legitimate government purpose and did not constitute unfair discrimination. The respondents' appeal against the High Court order therefore succeeded and the application for confirmation was dismissed.