Northern Cape Gambling and Liquor Act: both sides ask South Africa's Constitutional Court to leave the gambling chapters standing

South Africa's Constitutional Court is deciding how much of the Northern Cape Gambling and Liquor Act 6 of 2024 should fall, after the Northern Cape High Court declared the entire law invalid. Written submissions in case CCT 127/26, heard on 10 November 2026 and published on the Constitutional Court's case page, show that neither the applicant nor the provincial legislature wants the gambling provisions swept away.

What the High Court ordered

On 17 April 2026, the High Court (Deputy Judge President Phatshoane) declared that the Northern Cape Provincial Legislature had failed to facilitate public involvement before passing the Act and declared the Act "accordingly" invalid and unconstitutional. It also declared sections 93(2)(c) and 93(4) invalid on legality and rationality grounds. A High Court declaration of constitutional invalidity has no force until the Constitutional Court confirms it. According to the trust's submissions, the Act commenced on 1 April 2024.

Gambling chapters at stake

The DG Murray Trust (DGMT), a non-profit, says it challenged only the liquor trading-hours provisions, sections 93(2)(c) and 93(4), (5) and (6). In its written submissions, it argues that paragraphs 1 and 2 of the High Court order are overbroad because they include "wholly unrelated parts" of the Act, such as those dealing with "the establishment and administration of the Northern Cape Gambling and Liquor Board (Chapter III) and the regulation of gambling and betting activities in the Province (Chapter IV)."

The legislature's submissions say the Act "should respectfully not have been declared invalid in its entirety" because it "also regulates gambling in the Province (which provisions were not under constitutional attack)." The first to fourth respondents say they do not oppose confirmation if it is limited to the challenged provisions and includes the proposed remedy.

Proposed interim trading hours

Both sides propose that any declaration of invalidity should not apply retroactively and should be suspended for 24 months so the legislature can cure the defects. During that period, the challenged sections would be read as follows:

• On-consumption licences: liquor sales from 10:00 to 24:00, Monday to Sunday.
• Off-consumption licences: 09:00 to 20:00 Monday to Friday and 09:00 to 17:00 on Saturdays and non-closed public holidays, with no Sunday sales.
• Nightclub licences: 18:00 to 24:00, Monday to Sunday, other than closed days.

If the legislature does not cure the defects within 24 months, these readings would become final until it amends or replaces them.

Casinos on the consultation list

The trust's submissions cite a 28 February 2025 letter from a legislature official. It lists the recipients of a 29 February 2024 email inviting comment on the bill. The list includes gambling and liquor licensees; Flamingo Casino, Leithlo Casino, Vukani Gaming, Oasis Casino, Um Africa Gaming Technologies and Sun International; and employees of the gambling and liquor boards. The email announced a virtual hearing on 8 March 2024 and set a 13 March deadline for written comments. The letter said the official could find no record of the bill being publicised on the legislature's Facebook or Instagram accounts.

As of 12 November, the court's case page listed no judgment. Separately, South Africa's national online gambling tax remains unresolved; the finance minister has said the final design will come in the February 2027 budget.