Phumelela’s application for leave to appeal the judgment of the Honourable Justice Wright of 6 November 2015, which dismissed their application to review and set aside a decision of the Gauteng Gambling Board, has seen the Judge refer the matter on appeal to a full bench of the South Gauteng High Court.
On 1 December Justice Wright indicated that he maintained his belief that he had made the correct decision, but on the premise that others may disagree with him, granted leave to appeal.
Phumelela had argued for the matter to be referred to the Supreme Court of Appeals.(SCA)
Phumelela’s original High Court application to review and set aside an interim order made by the Gauteng Gambling Board on 9 October 2014 had been dismissed with costs.
This followed the Gauteng Gambling Board interim order to the effect that Phumelela is required to make the Tellytrack channel available to all bookmakers at the 2013 price plus an inflation adjustment.
Phumelela said at the time that they had been advised that the order was irregular and incompetent, and stood to be set aside on review.
Justice Wright found that the GGB had acted within their rights.
The matter is not expected to be heard by the Gauteng High Court for at least 12 to 16 months.
In the interim, we are informed that the status quo remains as regards the costs of the Tellytrack broadcast to Bookmakers.
