High Court clears path for national lottery

The Lobatse High Court on Thursday ruled against Grow Mine Africa (Pty) Ltd in a case in which the local consortium was challenging the process used by the Gambling Authority to award the country’s first ever lottery licence. Justice Ookeditse Maphakwane’s decision indicates that in the absence of an appeal by the consortium, the path may be cleared towards the Gambling Authority (GA) finally delivering the long-awaited national lottery.

In its appeal, Grow Mine wanted the High Court to set aside the Authority’s decision to terminate the consortium’s status as a preferred bidder. The Authority booted out Grow Mine after the consortium reportedly failed to demonstrate the financial muscle required to kickstart the lottery.

Maphakwane yesterday dismissed with costs Grow Mine’s case in which the company challenged GA’s decision to terminate lottery negotiations and the revocation of the preferred bidder status.

The High Court’s decision was based on the technicalities of the case. “The applicant’s (Grow Mine) condonation as per its amended notice of motion dated 13 September 2023 is hereby dismissed. The applicant’s review application is consequently struck out. “The applicant’s condonation must fail because of no compliance with Order 61 Rule 8 which required leave to be sought prior to the review application being launched.

“It also fails because the condonation application was incompetent as not being an envisaged remedy under the said provision,” reads part of the judgment.

Therefore, the decision gives the Authority the green light to finalise its negotiations with the second preferred bidder, Ithuba Holdings, a move eagerly anticipated by Batswana who want an opportunity to participate in gaming and lottery winnings.

Progress towards kick-starting the lottery has dragged over the years due to legal wrangling by rival bidders despite the GA and its preferred bidder, Ithuba Botswana, having completed negotiations almost a year ago.

Ithuba Botswana, a subsidiary of a well-known pan-African group Ithuba Holdings, was the reserve bidder on the national lottery licence which was originally scooped by Grow Mine, a consortium made up of businesses and business people.

The national lottery has had a troubled journey to establishment, since it was announced in 2017.

Grow Mine, at some point, filed an appeal with Trade and Industry Minister, Mmusi Kgafela, who ruled that he did not have jurisdiction in the matter.