Panayiotou v Shoprite Checkers (Pty) Ltd and Others

Shoprite Checkers (Pty) Ltd applied to the Gauteng Liquor Board in December 2012 for a liquor store licence to operate in the Rivonia Village shopping centre. Andreas Panayiotou, who operated a nearby liquor store approximately 150 metres away, objected to the application. In April 2014, the Gauteng Liquor Board refused the licence, reasoning that it would create barriers to entry, substantially lessen competition, potentially create a monopolistic condition, and detrimentally affect Panayiotou’s business, contrary to the public interest under the Gauteng Liquor Act 2 of 2003. Shoprite successfully reviewed this refusal in the Gauteng Local Division of the High Court, which set aside the Board’s decision and ordered the licence to be granted once statutory requirements were met. The Board subsequently issued the licence in October 2015, and Shoprite commenced trading. Panayiotou sought leave to appeal the review decision to the Supreme Court of Appeal (SCA), but did not challenge the subsequent administrative act of issuing the licence.

The appeal was dismissed with costs in terms of section 16(2)(a) of the Superior Courts Act 10 of 2013.

The case reinforces the application of the mootness doctrine in South African appellate practice and underscores the purpose of section 16(2)(a) of the Superior Courts Act in preventing appellate courts from deciding matters with no practical effect. It also affirms the principle that unchallenged administrative acts remain legally effective, even if they may have followed earlier unlawful decisions.