In his ruling, Judge Ndauendapo pointed out that the 2018 act, which established a new framework for regulating gaming in Namibia, superseded the settlement agreement.
According to Nate Ndauendapo, the court is unable to sustain and implement the settlement agreement because the gambling board was not a party to the case in which it was reached and the new legislation has taken effect.
He added: “By upholding the settlement agreement, the judiciary will be usurping the powers delineated by the Constitution to the legislature. With the introduction of the 2018 law, the 1994 Casinos and Gambling Houses Act was abolished, and, consequently, the settlement agreement and court order of June 2020 have fallen away by operation of law.”
He pointed out that under the 2018 law, the minister might exempt specific types of gaming machines, people, or activities from the law’s requirements.
He turned down the Association’s application against the gambling board, the environment and tourism ministry, and other parties with cost.