Bonoyi Investments (Pty) Ltd v Transkei Liquor Board

• Jurisdiction: South Africa
• Judge: Beck JP, Davies AJ
• Judgment Date: 15 September 1994
• Docket Number: 17344/93
• Hearing Date: 15 September 1994
• Counsel: D van Zyl for the appellant No appearance for the respondent
• Court: Transkei Supreme Court

A Beck JP:

This is an appeal against a refusal by the Liquor Board of an application for a bottle store licence.

Mrs Bonoyi applied for a bottle store licence as nominee of the appellant, Bonoyi Enterprises (Pty) Ltd, of which company she and her husband are the only shareholders and directors.

The problem is that Mrs Bonoyi's husband is a teacher employed by the Transkei B Department of Education. The Liquor Board was of the view that Mrs Bonoyi is, by reason of the nature of her husband's employment, statutorily disqualified from obtaining a bottle store licence, even though she applied as nominee of a company, because of the provisions of ss (1)(c) of s 33 of the Liquor Act 1978.

C It is necessary to have regard to the whole of s 33(1) which reads as follows:

'33(1) No licence shall be granted, transferred or issued to

(a)

any person, including a nominee -

(i)

who is not of good character and repute; or

(ii)

D who is under the age of 21 years; or

(iii)

to whom individually, the sale or supply of liquor is totally prohibited; or

(iv)

who does not reside in Transkei; or

(v)

who is an unrehabilitated insolvent; or

(vi)

who has been declared under s 122(2) to be disqualified from holding a licence, during the period of such disqualification; or E

(vii)

who has been convicted of an offence and sentenced to imprisonment without the option of a fine and the said sentence has not expired at least five years before the date of his application; or

(viii)

who has, before or after the commencement of this Act, been convicted of an offence under any law of selling or supplying liquor and has subsequently but after the commencement of this Act and F within five years of such previous conviction been convicted under any law of a similar offence; or

(ix)

who, although otherwise qualified, is the wife of any person disqualified under subpara (v), (vi), (vii), or (viii) unless she is bona fide living apart from her husband under a notarial deed or judical order of separation;

(b)

G any person whose application relates to premises of which any member of the police is the owner or lessee or in which any such member has any interest;

(c)

any person who holds an office of profit under the Government of Transkei, or is the wife of such a person; or

(d)

any administrative body; or

(e)

any association of persons as such or a corporation as such: Provided...