The interdict sought by a group of bookmakers to ensure that they could continue to receive the Tellytrack broadcasts on the same terms as before was dismissed in the High Court. Bookmakers objected to an increase in cost for receiving the broadcasts, deemed to be unreasonable and as yet without permission from provincial Gambling Boards. Tellytrack maintained it was entitled to a market related fee for such broadcasts, and that the proposed increase did not need Gambling Boards approval.
The court held that it was not in a position ‘to make any call beyond forming some prima facie views’, and that it would premature for it to intervene prior to rulings from the Gambling Boards. The court observed that it appeared that the Gambling Boards had been remiss in their statutory duty to make a timeous decision on the matter. Once this duty has been complied with, the court left the door ajar for further action. This includes the matter of costs between the applicants (the bookmakers) and one of the applicants, Phumelela.
The court raised a suspicion that Phumelela might not at all times have acted in good faith, and therefore delayed the decision about the awarding of costs until the Gambling Boards had given their ruling.