South African High Court Sets Aside Sizekhaya Lottery Licence Award

Goldrush Holdings announced on November 3, 2026 that the High Court of South Africa, Gauteng Division, Pretoria, had set aside the minister’s decision to award the Fourth National Lottery and Sports Pools Licence to Sizekhaya Holdings. The judgment, delivered on November 2, 2026, requires reconsideration but suspends the order for 12 months.

The ruling came in review applications brought by Ithuba Lottery and Ringeta Consortium against the Minister of Trade, Industry and Competition, the National Lotteries Commission, Sizekhaya and others. The decisive ground was procedural: the Ministerial Committee appointed to advise on the award had not been provided for in the Request for Proposal. The court accepted that the minister acted in good faith.

The award returns to the minister, who must disregard the committee’s report and recommendations during reconsideration. The remedy is a fresh ministerial decision, not a court-ordered transfer of the licence to another bidder.

Sizekhaya received the licence on May 28, 2025 and took over management of the National Lottery on June 1, 2026. A separate High Court judgment delivered on May 26, 2026 records that the licence runs for eight years, establishing the duration of the operating right at stake in the reconsideration.

The Limits of the Court’s Ruling

Goldrush said the court made no adverse findings against Sizekhaya, its shareholders, management or the quality of its bid, and that Sizekhaya remains eligible to receive the licence. The award was therefore set aside over the advisory process used to reach the decision, rather than a judicial finding that Sizekhaya’s bid was deficient.

The court also dismissed a separate Economic Freedom Fighters application concerning the Lotteries Act’s political-financial-interest restriction, which bars political parties and office-bearers from holding direct financial interests in an applicant or its shareholders. The party had been permitted to intervene in the review litigation to challenge that provision’s constitutionality, allowing the issue to be argued within the existing cases.

Earlier Interim Decision Did Not Settle the Review

Continuity was already at issue on November 27, 2025, when the High Court dismissed Ithuba’s urgent application to stop implementation of the award pending the review. The court found that Ithuba had not established a clear or prima facie right and concluded that the balance of convenience and public interest favoured keeping the lottery running without interruption. It also warned that an interruption could harm the good causes supported by the lottery.

That interim judgment expressly confined its assessment of the review grounds to the interdict application and said its view would not bind the eventual review court. The earlier refusal to halt implementation therefore did not predetermine the final review, which subsequently succeeded on the procedural ground.

Lottery Operations Continue

Players face no immediate change to games, draws, ticket sales or prize payments. Sizekhaya continues to operate the National Lottery as before while the minister reconsiders the award.

Goldrush’s interest is indirect. It holds 59.4% of Goldrush Group, which owns 50% of Sizekhaya pending the issuance of the government’s shares, after which Goldrush Group’s stake will fall to 40%. Sizekhaya is considering the judgment with its legal advisers, and Goldrush will keep shareholders informed of material developments.

The immediate effect is continuity for players, while the longer-term licensing position remains open. Sizekhaya stays in place and eligible, but the award depends on a fresh ministerial decision made without the committee’s report and recommendations.