Retired judge Anton Van Zyl has handed down a judgment in a matter more than 12 years after it was reserved. The matter was reserved in the Pietermaritzburg High Court, KwaZulu-Natal division on 12 December 2012. It was the longest outstanding judgment across all South African courts.
According to the judicial norms and standards gazette in 2014, judgments in both civil and criminal matters should usually not be reserved without a date for when judgment will be handed down. Saving for exceptional cases where it is not possible to do so, every effort must be made to hand down judgments no later than three months after the last hearing.
The case concerned an application brought by financial company Allan Gray about its interest in the disposal of shares by Casinos Austria International in Gold Reef Resorts, KwaZulu-Natal. The respondents in the matter were the KwaZulu-Natal Gambling Board and its chairperson, the KZN government, Akani Msunduzi, Casinos Austria and Gold Reef Resorts.
The case focused on whether this disposal of shares required the consent of the KwaZulu-Natal Gambling Board under section 50 of the KwaZulu-Natal Gambling Act of 1996.
The key issue was whether the sale of these shares fell under the rules set out in section 50, which requires consent from the Gambling Board for any person to acquire a controlling or financial interest of 5% or more in a licensed gambling business.
Allan Gray’s position was that the disposal was not subject to this requirement, and therefore, they did not need approval from the Board. But the respondents argued that the disposal did fall under this section, meaning the Board’s approval was needed.
Section 50 of the Act prevents a licensee from allowing someone else to acquire a significant financial or controlling stake (5% or more) without first getting consent from the Gambling Board.
On Friday Van Zyl finally ruled in favour of the respondents, finding that the disposal of shares by Casinos Austria International in Gold Reef Resorts Limited did, in fact, require the consent of the KwaZulu-Natal Gambling Board under the KwaZulu-Natal Gambling Act. Allan Gray’s application was dismissed. No costs were awarded.
History of late judgments
Van Zyl retired in August 2021 with eight outstanding judgments, including the Allan Gray matter. According to the last available Reserved Judgment Reports for the Chief Justice, Van Zyl also has another late judgment which was reserved on 4 June 2013.
GroundUp previously reported that the Supreme Court of Appeal sharply rebuked Van Zyl over a delayed judgment. He took four years to rule in favour of a company for damages after a strike.
In 2023, Van Zyl was reported to the Judicial Conduct Committee (JCC) for failing to deliver multiple judgments. The JCC is part of the Judicial Service Commission (JSC) and is responsible for dealing with complaints against judges.
In July 2024, the JCC ruled that it cannot pursue impeachment proceedings against Van Zyl, despite his failure to deliver several judgments, because he is no longer in office. This decision meant Van Zyl retained full judicial benefits, including a lifelong salary.
Judges Matter researcher Mbekezeli Benjamin slammed the ruling as a blow to judicial accountability, arguing that it sets a dangerous precedent that allows judges to evade responsibility by retiring.
The JCC did however direct that the matter be dealt with “urgently” in terms of Section 17 (3) of the Judicial Services Commission Act, which deals with “serious but non impeachable complaints”.
A finding of guilt under this section only provides for penalties, including a written warning, an apology, compensation or “appropriate counselling”.
Despite taking more than a dozen years to deliver judgment in this matter, Van Zyl did not provide the litigants with any reasons for the delay.
