New Regulations on Review Proceedings in terms of the North West Gambling Act, 2 of 2001 Published for Comment
On 8 October 2014 the MEC for Finance, Economy and Enterprise Development published notice 461 of 2014 in terms of which the MEC proposed to make the Regulations on Review Proceedings set out in the notice. Any person who wished to make representations in respect the MEC’s intended action were required to do so by 12h00 on 5 November 2014.
In terms of section 90(1) of the North West Gambling Act, 2 of 2001 “[a]ny person aggrieved by the decision or proceedings of the Board may by way of review proceedings to be prescribed, submit him or herself before a review tribunal prescribed by the Board in concurrence with the Responsible Member.”
The procedure governing review proceedings has to date not been prescribed as contemplated section 90(1) of the Act. The proposed regulations seek to address this lacuna. In terms of section 7(2)(c) of the Promotion of Administrative Justice Act, 3 of 2000 (“PAJA”), unless exceptional circumstances exist and the court or tribunal deems it to be in the interests of justice, no court or tribunal shall review administrative action in terms of PAJA unless any internal remedy provided for in any other law has first been exhausted.
This means that should any aggrieved person wish to take a decision of the North West Gambling Board on review it will, in the first instance, be required to do so in terms of the North West Gambling Act.
The draft regulations are problematic insofar they only provide for the set down of the review application before a review tribunal 30 days after receipt of the aggrieved party’s replying affidavit. No provision has been made for circumstances in which the Board does not file an answering affidavit. Failure to provide for the set down of the application when the Board has not filed an answering affidavit could result in a dead-end procedure with prejudice to the progress of the aggrieved party’s review application. This concern together with several others regarding the proposed procedure have been raised by Truter Jones Inc in terms of representations lodged with the MEC.
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