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Judicial review – authority cannot interpret a condition in a licence to by-pass a clear legal provision

Stevebook Ltd v The Gambling Regulatory Authority [2019 SCJ 96]

Facts

S Ltd was licensed to operate as a bookmaker conducting fixed odds betting on local races, outside the racecourse at Port Louis.

On the 24thof October 2018, the Gambling Regulatory Authority (“GRA”) informed S Ltd that “in line with condition 19(a) of your conditions to licence”, the Board of GRA had “resolved to relocate all off-course bookmakers conducting fixed odd betting on local horse racing to the Champ de Mars with effect from the racing season 2019”.

A failure to relocate its operations to Champde Mars as from the racing season 2019 would result in the current licence to operate as an off-course bookmaker for local horse racing not being renewed.

S Ltd applied and obtained leave for the judicial review of the above-communicated decision of the Board of GRA. Consequently, S Ltd sought an order to quash the said decision as being ultra vires, unreasonable under the “Wednesbury Principles”, irrational, unfair and in breach of the legitimate expectations of S Ltd, and in breach of the rules of natural justice.

Held

The Court based itself on section 44 (2) and (3) of the Gambling Regulatory Authority Act (“the Act”) which reads:

(2) Subject to subsection (3), the Board may, on application made for the conduct of fixed odds betting on local races, issue –

(a) a bookmaker licence authorising the applicant to operate at the racecourse; or

(b) a bookmaker licence authorising the applicant to operate at only one place outside the racecourse as may be approved by the Board.

(3) No bookmaker licence shall be issued to an applicant to operate both at the racecourse and outside the racecourse.

Accordingly, the Court held that GRA cannot by the use of a condition on a licence issued for fixed odds betting off-course, seek to overstep what was provided for clearly under section 44 of the Act. The GRA may either issue a licence for on-course betting ora licence for off-course betting to an applicant.

It cannot interpret a condition in a licence to by-pass the clear provisions of the Act. The method adopted by GRA to implement its stated change of policy was clearly wrong and irregular, as per its letter of 24thof October 2018.

The decision of the GRA was quashed as being irregular, irrational and unreasonable.

Case commentary

The purpose of a judicial review is to look at the legality of a decision and at the decision-making process and not to act as a court of appeal.

Reference

Administrative law – judicial review – decision – wrong – irregular – unreasonable

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Urmila Boolell SC

Urmila Boolell S.C. is an advocate, a published author and the sole founding member of Chambers of Urmila Boolell SC (now called Temple Law) and of the companies within Temple Group.

Urmila reckons over 30 years experience as a practising barrister and took silk in 2016. She is the most senior woman at the Mauritian bar and was the first of the two women in Mauritius to ever be appointed Senior Counsel.

She has regularly been recognised as a ‘Leading Lawyer’ by prestigious international rankings such as Chambers Global, Legal500, IFLR1000, and Acquisition International.

She was elected to the Presidency of the Mauritian Bar Council in January 2013. Urmila read Law at the University of Reading where she graduated with an LLB (Hons.) .

She was called to the Bar in the UK at the Honourable Society of Lincoln’s Inn in July 1985, at the age of twenty one. She was called to the Mauritian Bar in September 1985, and has ever since been in active practice in Mauritius.

Urmila has acquired experience as an advocate in all aspects of civil and commercial litigation. She has advised on a number of matters including international/foreign investment, structuring of corporate transactions and reorganisations, banking and non-banking financial transactions, the application and operation of double taxation agreements entered into by Mauritius with other countries; and on infrastructure projects.

SOME CAREER HIGHLIGHTS

  • Participated in a programme in the US for international lawyers and sponsored by the United States Information Service (August – September 1992)
  • Recipient of Scholarship to attend International Bar Association (IBA) Conference (Business Section), Paris (September 1995)
  • Lecturer in Company Law at the Council of Legal Education, Mauritius (1994 to 1996)
  • Honorary Global Legal Counsel of International Planned Parenthood Federation (IPPF), London (1998 to 2000)
  • First President of Mauritius Chapter of TIE (The Indus Entrepreneur), a global association of professionals and entrepreneurs
  • Board member of National Committee on Corporate Governance
  • Took silk in 2016, to become Senior Counsel

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Satyajit Boolell SC

Satyajit Boolell, Senior Counsel, has had a rich career at the Attorney General’s Office where he served as  Assistant Solicitor General. He was later appointed as Parliamentary Counsel,   responsible for the drafting of legislation. During that time, he was also assigned the responsibility to work closely with  Sir Ian Brownlie,  Barrister and Professor of International law whilst the latter was legal adviser to the Mauritian Government on the Chagos Archipelagos issue.

In February 2009 Satyajit Boolell was appointed Director of Public Prosecutions of the Republic of Mauritius. He occupied that post for the next fourteen years up to November 2022. He joined the Chambers of Urmila Boolell SC (now called Temple Law) after retiring as DPP.

Mr Boolell reckons several years of experience as a prosecutor and law Officer handling appeals before the Mauritian courts and the Judicial Committee of the Privy Council, the highest appellate court for the Republic of Mauritius.

He has represented the Government in several negotiations at the international level and has also been called upon by the Commonwealth Secretariat as a legal consultant for drafting the model law on Competition for small jurisdictions. He also chaired the drafting committee for the Harare Scheme on Mutual Legal Assistance in Criminal Matters. He served as  Vice President of the International Association of Prosecutors for the African and Indian Ocean Region and Vice-president of the African Prosecutors Association.

During his term of Office as DPP, he was the Editor of the Mauritius Criminal Review, and a member of the Law Reform Commission and the Institute of Advance Legal Studies of Mauritius. He is a part-time lecturer at the University of Mauritius, teaching Administrative and Constitutional Law to students sitting for their Bar Finals examinations.

Mr Boolell is married with three children. He was called to the Bar in England and Wales in 1985 and holds a Master’s Degree in Law ( Finance and Banking ) from King’s College London.

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Nikhil Boolell

Barrister at Law at Temple Law (previously called Chambers of Urmila Boolell SC)
Year of Call: 2015 (Bar of England & Wales); 2016 (Supreme Court of Mauritius)

About

Nikhil specialises in Civil and Commercial Dispute Resolution and aspects of contentious work with particular focus on company, employment, insurance and administrative law. He has wide-ranging experience before the Courts and Tribunals in Mauritius, and has appeared unled at all judicial levels in Mauritius until the Supreme Court acting in its Appellate jurisdiction. He is instructed to act in commercial claims for both claimants and defendants. Since coming to the employed bar, Nikhil regularly appears as Junior Counsel together with Urmila Boolell SC.

Outside of his litigation time, Nikhil’s practice is balanced in favour of a strong advisory and corporate time allotment. He habitually spends most of his out of court time dispensing advice to foreign states, companies and individuals on their activities or business in Mauritius.

Education

  • Kings College London, LLM International Finance Law 2021 (with Distinction)
  • University of Law Bloomsbury (Honourable Society of Lincoln’s Inn: as Third Generation), BPTC
  • University of Exeter, UK & Universite de Rennes 1, France- LLB European Law (Hons.)
  • China University of Politics and Law (Summer Programme), PRC
  • United World College of the Atlantic, UK

Language

  • English and French

Other Contributions

  • Contributing Editor of Temple Publications Ltd in respect of: (i) Case Law of Mauritius 2020- A Compendium by Urmila Boolell SC (ii) Mauritius Reports 2017-2022 (a publication of the Supreme Court of Mauritius)

Membership

  • Lawyer Member of Meritas (a Chambers & Partners elite network on invitation only)
  • sits on Meritas Emerging Leaders Advisory Board; and Meritas Engagement Committee reporting into Meritas Board of Directors

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Willem van Rensburg

Willem has gathered vast experience exceeding 15 years as Head of his own law firm based in South Africa.  Willem is a qualified attorney, notary, and conveyancer in South Africa, and holds a degree in Commercial Law as well as LLB from the University of Pretoria. Willem is currently working towards completion of a Master's Degree in International Business Law at Middlesex University, Mauritius campus in substantiating his expertise in commercial law and extensive knowledge of property law.

As Head of Operations, Willem co-ordinates the legal team whilst also complementing our commercial offering given his strategic, solutions-driven approach to our client offering.

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Faarzaad Soreefan

Barrister-at-law at Temple Law  

Year of Call (England and Wales): 2018
Year of Call (Mauritius): 2020

Email: [email protected]

ABOUT

Faarzaad joined Temple Law (formerly, Chambers of Urmila Boolell SC) as a Barrister-at-law since 2020. His professional activities encompass regular advisory services to a diverse array of domestic and international companies spanning over various sectors, as well as to foreign governments. He particularly focuses on civil, commercial, corporate, and employment-related matters within the framework of domestic law.

In addition to his advisory role, Faarzaad is involved in contentious matters, engaging in dispute resolution across different forums in Mauritius. Notably, he has experience in litigation concerning asset recovery, commercial and employment disputes, financial crimes, insolvency, enforcement of international arbitration awards and, urgent relief matters.  He also appears before courts as junior counsel together with Urmila Boolell SC and Satyajit Boolell SC, respectively.

Faarzaad is also actively engaged in supporting clients on various employment law aspects, offering assistance in internal investigations, negotiations, and representations during disciplinary hearings. His experience also extends to chairing such hearings.

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As an MQA accredited trainer, he conducts training sessions for employers on employment law and industrial relations.

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  • Northumbria University, Newcastle upon Tyne - Bar Professional Training Course (2018)
  • University of Central Lancashire - Bachelor of Laws with Honours (2017)

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  • Employment Law: The 2023 Amendments. Work and life balance – The way forward
  • Work from Home: The Law in Mauritius
  • COVID-19: Vaccination v/s Access to Workplace
  • Farewell of the Independent Tax Panel
  • The Finance (Miscellaneous Provisions) Act 2021: Tax Administration & Policies
  • Custody of Minors – Beyond Mauritian Borders
  • Custody of Minors – An Overview
  • COVID-19 labour law challenging companies’ closure in Mauritius

 

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Anuja Ghoorah

Barrister at Law at Temple Law

Year of Call (England & Wales): 2018
Year of Call (Mauritius): 2019

Email: [email protected]

ABOUT

Anuja’s practice covers the full spectrum of corporate and commercial law. After her admission to the bar, Anuja worked at a Mauritius law firm specialising in investment funds. She also worked as Legal Consultant for some time before joining Temple Law (formerly, Chambers of Urmila Boolell SC) in July 2020.

Anuja advises a wide range of clients including domestic and international companies, banks and diplomatic bodies. She has been advising on protection of intellectual property rights, amalgamations, tax implications of commercial transactions, share purchase agreements, setting up of trusts and foundations, securities law, company insolvency, re-domiciliation of companies, data protection, protection of foreign investments, employment law, medical negligence and citizenship applications amongst others. She also appears before the Family Court in divorce and custody matters.

Anuja has authored several articles and is an MQA accredited trainer. She conducts training sessions in corporate law.

Anuja is the Co-Chairperson for the Meritas Africa Emerging Leaders Group for the year 2024.

EDUCATION & PROFESSIONAL QUALIFICATIONS

  • Accredited Trainer – Mauritius Qualifications Authority (2023)
  • Northumbria University Newcastle Upon Tyne (UK), Bar Professional Training Course (2018)
  • University of Law Leeds (UK), Graduate Diploma in Law (2017)
  • University of Mauritius, Bachelor of Laws with Honours (2016)

LANGUAGE

  • English
  • French
  • Hindi

LECTURES AND SEMINARS

  • Part-time lecturing at the Open University of Mauritius

MEMBERSHIPS

  • Mauritius Bar Association
  • Lawyer Member of Meritas (a Chambers & Partners elite network on invitation only)
  • The Honourable Society of Middle Temple

PUBLICATIONS

  • Article: Different means of acquiring Mauritian Citizenship
  • Article: Medical Negligence in Mauritius: an overview
  • Article: The Right to Asylum
  • Article: Protection from Domestic Violence
  • Article: Employment Law Amendments
  • Article: BUDGET 2022-23 COMMENTARY
  • Article: Salient amendments brought to the Companies Act 2001 by the Finance (Miscellaneous Provisions) Act 2022
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Akshay Lukeeram

Akshay has been working at the Chambers of Urmila Boolell SC (now called Temple Law) for 5 years before being called as an Attorney-at-Law early in 2023.  Throughout his career, he has been actively involved in reviewing and drafting corporate documents and agreements, as well as in providing legal opinions for individuals, domestic and international entities on matters pertaining to civil, corporate, commercial, and insolvency law, to name a few.

As an Attorney, Akshay is an expert in the intricacies of the court process and regularly appears before the Family Division in various family-related matters, as well as before the Commercial Division of the Supreme Court concerning any matters falling under the Companies Act and the Insolvency Act, among others. His extensive knowledge and practical experience in company law, insolvency, and financial laws make him an integral part of the corporate team as well.

Akshay holds a Bachelor of Arts (BA) with Honours Degree in Law and Management from the University of Mauritius and a Master of Laws in Financial and Commercial Law (LLM) from the University of Central Lancashire where he completed a thesis and a module on International Commercial Arbitration.

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Esmarie Swanepoel

Esmarie Swanepoel joined Temple Group as Practice Manager - Chambers of Urmila Boolell SC (now called Temple Law) in 2016, and has since forged a keen focus on the growth and evolution of Temple Publications as a first-of-its-kind print and digital publishing house in Mauritius alongside her role as Head of Expat & Immigration (Corporate Support Services) in driving foreign investment, relocation and economic development in Mauritius. She has a keen interest in the implementation of innovation and technological strategies, as well as strategic marketing in business development whilst positioning the Temple Group within a global, competitive market increasingly geared towards servicing the tech-savvy client.

The vast majority of her career has been spent within top-tier law firms in South Africa and the United Kingdom (as well as 4 years subsequently within Chambers of Urmila Boolell SC - now called Temple Law), specifically in the management of Corporate & Commercial, Dispute Resolution, Aviation, Exchange Control, and Intellectual Property Law practices. She has a solid understanding of business management and innovation in the ever-evolving environment in which startups, entrepreneurs, and growth-minded businesses have to navigate, particularly cross-jurisdiction amidst technological disruption. Earlier in her career, she spent several years within the Virgin Group (Africa), focusing on strategic business development of the Branson Centre of Entrepreneurship in South Africa, as well as brand and CSR Management nationally for Virgin UNITE.

Esmarie holds qualifications in Commercial law and psychology as well as Strategic Marketing and PR, and is well-versed in Python and SQL complementing her existing software & machine learning development skills.

She is a Founding Member of the Mauritius Business Network as well as an affiliate member of the South African Chamber of Commerce in Mauritius.

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