Madadzhe v Chairman, Venda National Liquor Board

• Jurisdiction: South Africa
• Judge: Klopper ACJ and Van der Spuy AJ
• Judgment Date: 24 November 1986
• Hearing Date: 24 November 1986
• Court: Venda Supreme Court

Van der Spuy AJ:

This is an application in which applicant seeks inter C alia an order reviewing and setting aside the decision of the Venda National Liquor Board taken on 21 November 1984 to refuse the applicant's application for a beer hall licence in Thengwe Location. On 10 December 1984 applicant was advised as follows:

'We regret to inform you that your application has been turned down by the National Liquor Licensing Board on 21 November 1984, reasons being D that, I quote, "there is no need for any more liquor outlets at the moment in this area; moreover a bottle store will be erected in the near future".'

As regards the 'turning down', the author of the letter meant that the National Liquor Licensing Board did not recommend the application and this is clear from a departmental memorandum to the Minister of Justice E which reads as follows:

'To the Honourable Minister of Justice

Application for beer hall licence at Thengwe by Miss M S Madadzhe.

1.

The above-mentioned application was again considered by the National Liquor Licensing Board on 21 November 1984.

2.

It was not recommended because there is no need of this liquor F outlet in this area since a bottle will be erected (should read - since a bottle store will be erected) in the near future.

Clerk of the National Liquor Licensing Board.'

When the application was called, Mr Badenhorst, for respondent, took a point in limine to the effect that the Minister of Justice was a G necessary party to the proceedings and should have been joined as second respondent.

In his supplementary heads of argument Mr Badenhorst developed the following points in support of the point in limine :

1.

It is submitted that in terms of the Venda Liquor Act 8 of 1973 the authority to grant a liquor licence lies with the Minister of Justice.

2.

H In terms of s 1(v) an application for a licence is defined as 'an application under this Act made to the licensing authority'. Section 1(xxiv) defines licensing authority to be 'the Minister, the Board or the magistrate, as the case may be'. The Minister grants a new licence after consideration of the factors set out in I s 44 of the Act and provided that the Liquor Board has so recommended. The decision of the Minister on any application for a new licence shall be final.

'44(1) The Minister may in his discretion under the provisions of this Act and after having considered the application for a new licence (other...