Limpopo Gambling Board Final

LIMPOPO GAMBLING BOARD Financial Statements for the year ended 31 March 2023 26. Contingencies Litigation is in the process against the entity relating to the following cases: INNOCENT SIBOTSHWA (T/A LEBOWAKGOMO INTERNET CAFÉ// LIMPOPO GAMBLING BOARD

On 21 August 2020, the entity received a notice of motion application to join the Chairman/Limpopo Gambling Board as the third respondent to the above case. The Applicant was successful and the court granted an order for the entity to be joined as the third respondent. The State Attorney filed an answering affidavit for the third Respondent on 9 June 2021. There has been no movement on the matter since then. It was previously stated by the State Attorney that no financial liability will arise from the case save for the legal costs associated therewith. The Board’s legal representative estimated the legal costs associated with the case to be R140 000. An application was brought seeking a mandament van spolie to declare a search warrant applied for and executed by members of the South African Police Service as invalid. The entity is cited as the fourth respondent on account of members of the entity’s law enforcement business unit being present during the search and seizure operation. The Applicant has not applied for a hearing date and there has been no movement of the matter since then. The entity is duly represented by the State Attorney. The entity’s legal representative stated the following on the issue of contingent liabilities: “ Our assessment of the matter is that should the Entity be unsuccessful, the anticipated financial liability of the Entity will be R200 000 (Two hundred thousand rands). If successful, the Entity will be entitled to legal costs which is estimated at R150 000 (One hundred and fifty thousand rands).” The above employee was dismissed after an internal disciplinary enquiry was held on misconduct charges. The employee then referred the matter to the CCMA seeking re-instatement on the basis of an unfair dismissal. The Commissioner found that the dismissal was fair and dismissed the applicant’s/employee’s case. The employee thereafter took the matter on appeal in the Labour Court. On the date of the hearing, the matter could not proceed as the judge recused himself from the proceedings. The matter was heard in the Labour Court of South Africa, Johannesburg on 26 July 2022. The matter was considered by the judge and the judge accordingly ordered that the matter be removed from the roll. The judge further ruled that “there is no order as to costs”. On 18 October 2022, Mr. Maahlo brought a Condonation and Reinstatement application in respect of his case. An answering affidavit was accordingly drafted and filed. There has since been no movement in the matter. ACAPULCO TRADE AND INVEST+ 123 (PTY) LIMITED LABOUR CASE: MR. S. MAAHLO

LIMPOPO GAMBLING BOARD 2022/23

173

Made with FlippingBook Ebook Creator