Question NW3187 to the Minister of Tourism
27 October 2023 - NW3187
De Freitas, Mr MS to ask the Minister of Tourism
(1)With reference to the legal action and matters of any description undertaken by her department (a) in the past three financial years and (b) since 1 April 2023, what (i) matters were (aa) opened, (bb) closed and (cc) settled out of court in each month in the specified period and (ii) were the reasons in each case; (2) what (a) matters went to (i) arbitration and (ii) court in each month in each case and (b) were the outcomes in each case in each month?
Reply:
I have been informed by the Department that the details regarding legal action undertaken by the Department, are tabulated below.
|
Cases which were opened in 2020/21 FY |
Court |
Status |
If case closed - Reasons for Closure |
Did the matter go for Arbitration? |
Did the matter go to court? |
Court Outcome |
Current Status |
|
1. Hazyview Aerial Cable Trial (Pty) Ltd vs Minister of Tourism |
High Court (Mbombela) |
Closed |
Notice of Motion did not disclose any relief sought against the Minister. |
No |
No |
N/A |
Case Closed |
|
2. South Africa Agri Initiative NPC vs Minister of Tourism |
High Court (Pretoria) |
Closed |
The case was abandoned by the Applicant due to change of the Directives. |
No |
No |
N/A |
Case Closed |
|
3. Chefs Warehouse Canteen and Wine Bar, Cape Town (PTY)LTD and Eight (8) Others vs. Minister of Tourism & Others |
High Court (Cape Town) |
Closed |
The case was abandoned by the Applicant due to change of the Directives. |
No |
No |
N/A |
Case Closed |
|
4. DD Mokoena and Another vs. Minister of Tourism and Gauteng Tourism Authority |
High Court (Johannesburg) |
Appeal case pending |
N/A |
No |
The matter was heard on 12, 13 and 14 April 2021. |
Applicants’ main application was dismissed with costs. |
Appeal case pending |
|
5. Tourism Relief Fund (TRF) (1st case) Solidarity Trade Union vs. Minister of Small Business Development, Minister of Tourism and others & AfriForum vs. Minister of Tourism and Others. |
High Court (Pretoria), |
Closed |
N/A |
No |
The matter was heard in the High Court Gauteng Division, Pretoria, on 28 of April 2020. |
The High Court, Gauteng Division, Pretoria, dismissed the Applicants’ case and granted an order in favour of the Minister. |
The Applicants appealed to the Supreme Court of Appeal (SCA). The SCA ruled in favour of AfriForum and Solidarity and held that the Minister has erroneously believed that she was bound by B-BBEE Act when applying Tourism Sector Code in her directions. Department appealed the SCA judgment to the Constitutional Court and the appeal was heard on 8 September 2022. The Constitutional Court delivered its judgment on 8 February 2023. The Constitutional Court concluded that the case was moot and there were no sound reasons for the Court to entertain it. The leave to appeal was refused with costs. |
|
6. Tourism Equity Fund (TEF) (2nd case) Solidarity Trade Union & Afriforum vs. Minister of Small Business Development, Minister of Tourism and others |
High Court (Pretoria), |
Closed |
The court granted an interdict against the Minister. |
No |
The urgent interdict application was heard on 15 April 2021. |
The court granted an interdict against the Minister. |
On advice from Counsel, the current Minister directed that the litigation be settled and TEF be restarted on applicable Tourism Sector Codes. Settlement negotiations resulted in an out-of-court settlement with the Applicants on 26 April 2023. The Applicants subsequently withdrew Part B of their main application. |
|
7. Department of Tourism vs. Lerato Matlakala & Lefuno Netangaheni |
Labour Court (Johannesburg) |
Pending |
N/A |
No |
No |
N/A |
Case pending |
|
8. Gerson Nevari vs. Department of Tourism & Director-General of the Department of Tourism |
Labour Court (Johannesburg) |
Pending |
N/A |
No |
No |
N/A |
Case pending |
|
Cases which were opened in 2021/22 FY |
Court |
Status |
If the case was closed - Reasons for Closure |
Did the matter go for Arbitration? |
Did the matter go to court? |
Court Outcome |
Current Status |
|
1. Umbuso Training Services (Pty) Ltd vs The Member of the Executive Committee: Department of Tourism |
High Court (Pretoria) |
Pending |
N/A |
No |
No |
N/A |
Case pending |
|
2. Tebogo Maureen Ngobeni vs. Minister of Tourism and 2 Others |
High Court (Pretoria) |
Closed |
There was no relief sought against the Minister. |
No |
No |
N/A |
Case closed |
|
3. Minister of Tourism vs. ZM Kubheka |
Magistrate’s Court (Atteridgeville) |
Pending |
N/A |
No |
No |
N/A |
Case pending |
|
Cases which were opened in 2022/23 FY |
Court |
Status |
If the case was closed - Reasons for Closure |
Did the matter go for Arbitration? |
Did the matter go to court? |
Court Outcome |
Current Status |
|
1. Minister of Tourism vs. MBB Consulting Services (PTY) Ltd |
High Court (Makhanda) |
Pending |
N/A |
No |
No |
N/A |
Case pending |
|
2. ActionSA v Minister of Tourism and Others |
High Court (Durban) |
Pending |
N/A |
No |
No |
N/A |
Case pending |
|
3. Blueprint Group vs. South African Tourism & 3 Others |
High Court (Johannesburg) |
Pending |
No |
No |
No |
N/A |
Case pending |
|
4. Thulani Sibeko vs. Department of Tourism |
Labour Court (Johannesburg) |
Closed |
The court dismissed the Applicant’s case with costs. |
No |
The case was heard on 20 January 2023. |
The court dismissed the Applicant’s case with costs. |
Case closed |
|
5. Tsakane Shipalane & Others vs. Department of Tourism & Gauteng Tourism Authority (GTA) |
CCMA (Johannesburg) |
Closed |
The Commissioner dismissed the Applicants’ application. |
No |
Arbitration in the matter was set down for 25-26 July 2023. |
The Commissioner dismissed their application. |
Case closed |
|
Cases which were opened from 1 April 2023 |
Court |
Status |
If the case was closed - Reasons for Closure |
Did the matter go for Arbitration? |
Did the matter go to court? |
Court Outcome |
Current Status |
|
None |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |