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It is cited for its interest in the matter. No relief is sought against the second respondent. Secondly, it seeks an order of this court substituting the decision of the Board with one awarding the licence to it. The relief sought by the applicant is opposed by the Board on the basis that no case has been made out for the relief sought and the application should be dismissed with costs.

The brothers Derosh and Dilvir Sewraj each own a fifty percent members share in the applicant. It has been averred by the applicant that the two business outlets are on different floors, have separate dedicated entrances, though located in the same building. The premises on which the applicant and River Palace Tattersalls operate are owned by Dilvir Investments CC, in which Shrikumar has the majority interest. Furthermore, the following findings were made: that the applicant was previously owned by Shrikumar, who transferred his members interest in the applicant to his sons Derosh and Dilvir, on 9 June , at no cost to them; that the applicant shares the same trade name River Palace and that the applicant and River Palace Tattersalls share the same premises owned by Shrikumar, the licensee, through his CC, Dilvir Investments CC.

No rental for the premises is paid by the applicant to Dilvir Investments CC. The report further disclosed that Derosh and Dilvir became co-owners of the applicant in In Derosh was employed as a manager at River Palace Tattersalls. Dilvir was employed as a manager at the Wentworth Hotel.

It concluded that the provisions of reg 3 do not prohibit the granting of a licence to the applicant but requires a discretion of the Board whether to approve the application or not. In that regard the Board has sought to pierce the corporate veil in circumstances where there is no fraud or abuse of the corporate entities. Therefore the mistake of fact led to the mistake of law.

The Board confused the son from the father and confused premises from a site and that all this confusion was unnecessarily caused by the Board in its attempt to pierce the corporate veil. Counsel for the applicant argued that if the applicant was treated as a juristic entity separate from its members the granting of the licence to the applicant will not have the effect that the site would have an excess of five machines in contravention of reg 1.

The Board misconstrued and failed to comprehend the provisions of reg 1. The applicant contends that reg permits multiple licenses in separate sites in the same building, even in cases where one applicant owns those sites. The site was a single story structure which had been demarcated as Shop 1 and Shop 2, but the applicant in that case was awarded a second licence. Thus its decision in this application was arbitrary, capricious and irrational.

According to the Board the entire building in 11 Nasik Road, Merebank, irrespective of its separate floors and separate entrances, constitutes licensed premises. The only exception is created by reg 2 , where it is in respect of an application by an existing site operator or by reg 3 in respect of the applicants who are not associated with the existing site operator. Regulation 3 goes on further to say that the Board may grant the application in respect of such premises, which gives it the power to exercise its discretion whether to grant or refuse the application.

This takes me to the consideration of the submissions made by the various parties herein. When the veil is pierced, the separate legal personality of the company or CC falls away. The rights and liabilities of the company are treated as those of its shareholders, directors and members in their personal capacity. The piercing of the corporate veil occurs if the shareholders are improperly using the separate legal personality of the juristic entity. The piercing of the veil is an exceptional remedy.

In this case the court applied the section as the member of the CC had ignored the juristic nature of the CC whenever it suited him. Therefore the piercing of the veil can only occur where there is unbecoming conduct from the members of the CC.

The Board considered the facts which prima facie appear to be an attempt at piercing the corporate veil. However, one has to consider the factors that need to be considered in the interpretation of reg 3. Review in terms of PAJA [24] The general powers of the court to interfere with the exercise of a discretion in the administrative decision are set out in s 6 2 of PAJA. In determining the reasonableness of the decision the court has to consider the nature of the decision; the identity and expertise of the decision maker; the range of factors relevant to the decision; the nature of the competing interests involved and the impact of the decision on the lives and well-being of those affected.

Shrikumar acted in his personal capacity to sign the lease as a majority member of Dilvir Investments. This factor in my opinion compromises the separate legal personality of the applicant. My view is that the entire provisions of reg should be read conjunctively to give effect to the intention of the legislature and the purpose of the regulation.

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Also, the board employed lawyers to investigate whistleblowers in the organisation and during that process staff were harassed. He said they believed the executives were treating them like slaves. They are saying there is no money. He said they had asked the company to show them the financials as they were citing the unavailability of funds as the reason for denying the increases, however, management has refused. We are going to close this road every day until we get what we want.

Two deadlocks They said salary increments talks between the employer and the workers reached a deadlock in and also in This is because we know very well that the organisation generates revenue. This led to harassment of staff.

They are saying there is no money. He said they had asked the company to show them the financials as they were citing the unavailability of funds as the reason for denying the increases, however, management has refused. We are going to close this road every day until we get what we want. Two deadlocks They said salary increments talks between the employer and the workers reached a deadlock in and also in This is because we know very well that the organisation generates revenue.

This led to harassment of staff. Towards the end it cannot be business as usual, but drastic measures are required. Board members said they would continue to engage with the employees on the issue.

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The workers, based at Redlands, who were wearing National Union of Metalworkers of South Africa Numsa T-shirts, said the gambling board executives have been refusing to give them bonuses for more than three years. Also, the board employed lawyers to investigate whistleblowers in the organisation and during that process staff were harassed. He said they believed the executives were treating them like slaves.

They are saying there is no money. He said they had asked the company to show them the financials as they were citing the unavailability of funds as the reason for denying the increases, however, management has refused. We are going to close this road every day until we get what we want.

Two deadlocks They said salary increments talks between the employer and the workers reached a deadlock in and also in This is because we know very well that the organisation generates revenue. KwaZulu-Natal Gambling and Betting Board staff have vowed to prolong their strike until management meets their demands of salary increments and bonuses.

The workers, based at Redlands, who were wearing National Union of Metalworkers of South Africa Numsa T-shirts, said the gambling board executives have been refusing to give them bonuses for more than three years. Also, the board employed lawyers to investigate whistleblowers in the organisation and during that process staff were harassed. He said they believed the executives were treating them like slaves. They are saying there is no money.

He said they had asked the company to show them the financials as they were citing the unavailability of funds as the reason for denying the increases, however, management has refused. We are going to close this road every day until we get what we want. Two deadlocks They said salary increments talks between the employer and the workers reached a deadlock in and also in