The dispute concerns an eight-year licence awarded to Sizekhaya Holdings on 28 May 2025. The operator subsequently took over South Africa’s National Lottery on 1 June 2026.
Unsuccessful bidders Ithuba Lottery and Ringeta Consortium challenged the award, questioning the fairness and legality of the selection process.
Judge Norman Davis found that Tau had appointed an additional ministerial committee to reassess applications despite the original tender documents making no provision for such a process.
The committee conducted a separate evaluation and recommended Sizekhaya as the preferred bidder, departing from the rankings produced through the established assessment procedure.
Judge Davis said:
New evaluations were performed with the use of new consultants which resulted in new rankings and preferences of bidders.
The court concluded that the parallel evaluation was procedurally unfair and directed the minister to reconsider the competing bids without using the additional committee’s report.
According to a regulatory announcement published through the JSE’s SENS platform, the court suspended its order for 12 months, allowing lottery operations to continue while the minister reconsiders the licence award.