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Free State Gambling Liquor and Tourism Authority v First National Bank Ltd and Another (/) [] ZAFSHC (13 December ).


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The mandate of the Free State Gambling and Liquor Authority (FSGLA) it is to 1 member who has knowledge of, and experience in, the tourism industry;.


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Name of Institution:Free State Gambling, Liquor and Tourism Authority Place where goods, works or services are required:BLOEMFONTEIN.


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This argument was rejected as the particular section dealing with the power to terminate the term of office of a member of the Tender Board merely afforded the member an opportunity to make representations. For the Applicant : Adv R van der Merwe. The matter must be approached holistically and context and language must be considered together with neither predominating over the other. The facts in this case are distinguishable from those in the case for consideration before this court. In addition to submitting representations to the Executive Council the applicant had, prior thereto, been invited to submit written representations to the subcommittee and in fact did so…. One of the objects of the legislature as contained in s 2 of the Liquor Act is the provision of public participation in considering applications for licences. Section 35 2 , however, is peremptory in that the Applicant and the person who has lodged the objection must be afforded the opportunity to be heard. Section 35, however, deals with the hearing of objections, as the heading clearly indicates and not the hearing of applications per se. Where more than one meaning is possible, each possibility must be weighed in the light of all these factors. The process therein contained is somewhat different to that contained in s 35 2 which deals with objections to liquor licence applications. The process is objective, not subjective. The crux of the matter is whether or not the decision taken by the First Respondent, regarding the objection of the Applicant, is procedurally fair and correct. The court made the following observations at paragraphs 23 and 24 of the judgment:. In that case it was argued on behalf of the Applicant that he was entitled to a full-scale hearing, the opportunity to address the Executive Council verbally and to call witnesses. In an oft-quoted judgment Wallis JA summarised the current state of our law regarding the interpretation of documents, including statutes, as follows in Endumeni Municipality [1] :. Section 68 4 deals with the hearing of objections lodged in respect of applications for gambling licences. NW Phalatsi and Partners.{/INSERTKEYS}{/PARAGRAPH} It is not necessary to repeat the entire chronology. Whatever the nature of the document, consideration must be given to the language used in the light of the ordinary rules of grammar and syntax; the context in which the provision appears; the apparent purpose to which it is directed; and the material known to those responsible for its production. I concur. However, it did not deal with the objection of the Applicant in terms of the procedure as set out in s 35 of the Liquor Act. Instructed by: Kobus Burger Attorneys. {PARAGRAPH}{INSERTKEYS}In the matter between:. Section 68 4 b stipulates that any person who lodge an objection against the application for a gambling licence may in such objection indicate his or her desire to make oral representations at the hearing of the application in which case such person must be afforded the opportunity to be heard. A sensible meaning is to be preferred to one that leads to insensible or unbusinesslike results or undermines the apparent purpose of the document. The purpose of providing for public participation and the hearing of objections would be flouted if Respondents could decide to deal with objections behind closed doors in contravention with s 35 2. The administrative function cannot be considered to have been procedurally fair and correct. Even if that was the case such an ambiguity must be dealt with by looking at the purpose and context in which the Act was drafted.