The applicant, Isaac Metsing Magajane, was the manager of Las Vegas Gold Lichtenburg, an unlicensed gambling establishment. On 30 August 2004, Board inspector Jacobus Conradé Erasmus (second respondent), acting on a report of illegal gambling and evidence from undercover agents, led a raid on the premises. The inspectors entered without a warrant pursuant to section 65 of the North West Gambling Act 2 of 2001. Erasmus asked Magajane to produce a gambling licence, which he could not provide. The inspectors then searched the premises, seized money from the cash register and safe (totaling R29,010), photographed gambling machines, and locked the premises. A police officer arrested the applicant and three employees for operating a casino without a licence. The criminal charges were later withdrawn. Magajane challenged the constitutionality of section 65, arguing it violated his rights to privacy and to remain silent. The High Court dismissed the application, finding no violation of the right to privacy and that the section did not compel self-incrimination.