Deeps Betting Grounds (Pty) Ltd v Desert Palace Hotel Resort (Pty) Ltd and Another

Deeps Betting Grounds (Pty) Ltd sought to operate bookmaker gambling activities from premises at Erf 7195, 23 Scott Street, Upington. Although a prior dispute between Deeps Betting and the Northern Cape Gambling Board resulted in a settlement agreement made an order of the Supreme Court of Appeal in March 2019, the Gambling Board never issued a gambling licence for the premises. Desert Palace Hotel Resort (Pty) Ltd, a nearby business, objected to the operation of gambling activities and brought an urgent application in the Northern Cape High Court to interdict Deeps Betting from operating without a valid licence. The High Court granted the interdict. Deeps Betting filed a counter-application seeking to compel the Gambling Board to issue a licence and to hold its CEO in contempt, but this was dismissed. Deeps Betting appealed both the interdict and, belatedly, the dismissal of the counter-application.

The application for leave to appeal against the order of Dauds AJ was dismissed with costs, and the appeal against the interdict granted by Sieberhagen AJ was dismissed with costs.

The case affirms the strict statutory requirement that gambling activities may only be conducted pursuant to a valid licence, notwithstanding settlement agreements or court orders contemplating such a licence. It also reinforces procedural discipline under the Superior Courts Act by confirming that failure to petition for leave to appeal deprives the Supreme Court of Appeal of jurisdiction.