The Chairperson of the North West Gambling Board and Another v Sun International (SA) Limited

Sun International (SA) Limited (SISA) and the North West Gambling Board were in dispute over whether "Free Play" credits granted by SISA to certain customers should be included in the calculation of gross gaming revenue for purposes of levies payable to the provincial revenue fund. The North West Division of the High Court found in favour of SISA, holding that such credits should be excluded. The Board obtained leave to appeal to the Supreme Court of Appeal (SCA). However, during the appeal process the Board repeatedly failed to comply with the SCA Rules, including late filing of the appeal record and heads of argument, failure to seek timely extensions, and prolonged unexplained delays. As a result, the appeal lapsed. The Board brought applications for condonation for the late filing of the record and heads of argument, and for reinstatement of the appeal.

The applications for condonation for the late filing of the appeal record and for the late filing of the heads of argument were dismissed. The appeal was struck from the roll, with costs.

The case reaffirms the strict approach of South African appellate courts to compliance with procedural rules and underscores that condonation is not granted as a matter of course. It emphasises that even strong prospects of success will not excuse flagrant, repeated, and inadequately explained non-compliance with court rules, thereby reinforcing the importance of procedural discipline and the efficient administration of justice.