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The Herald

National Lotteries Commission to appeal lottery judgment

The board of the National Lotteries Commission (NLC) has resolved to appeal the judgment which ordered trade, industry and competition minister Parks Tau to determine the successful applicant for the fourth national lottery licence by no later than May 28. The judgment, passed by the Pretoria High Court on Wednesday, also ordered the minister to negotiate a licence agreement with the successful fourth licensee by no later than May 28. It declared as unlawful and invalid the minister's decision to extend the bid validity period for the fourth national lottery licence by an additional 12 months, until May 31 2026. The court also declared the minister's issuance of the request for proposal (RFP) to operate a temporary national lottery licence (from June 1) as unconstitutional and set it aside. However, judge Sulet Potterill suspended this order for five months for the fourth licensee to take over the operation of the national lottery. She said it was a just and equitable remedy to set aside the temporary licence RFP, but to suspend that order for five months to enable the continuation of the national lottery. 'I am unconvinced that the period of 12 months argued for is necessary,' Potterill said. Speaking to Newzroom Afrika on Thursday, NLC chair Barney Pityana said it was appealing the judgment and was contesting the five-month period for the new licensee to take over the lottery, as ordered by the judge. 'We are contesting that. We think the judge probably misunderstood the scope of what it takes to set up a process from the beginning. Strictly speaking, if we go along with what the judge says, everything that has been done is simply going to fall away. 'The good news is that the minister expects to be able finalise the licence for the operation of the lottery by May 28.' Pityana said the NLC was appealing the judgment in the way it was formulated. 'It makes it impossible to do even what the judge herself felt was in the public interest to do.' Pityana said it was impossible for a new operator to take over the operation of the national lottery in five months. At the very least it could be done in 12 months, he said. 'The board has resolved to appeal the judgment because the way it is, it is an impossible judgment to execute even that which the judge sought to help us to do.' TimesLIVE