American Natural Soda Corporation and Another v Competition Commission of South Africa and Others (577/2002) [2003] ZASCA 70; [2003] 3 All SA 487 (SCA) ; [2003] 1 CPLR 1 (SCA); 2003 (5) SA 655 (SCA) (2 June 2003)

American Natural Soda Corporation and Another v Competition Commission of South Africa and Others (577/2002) [2003] ZASCA 70; [2003] 3 All SA 487 (SCA) ; [2003] 1 CPLR 1 (SCA); 2003 (5) SA 655 (SCA) (2 June 2003)

The Supreme Court of Appeal held that, regardless of the constitutionality of the statutory ouster of its appellate jurisdiction under section 62(3)(a) of the Competition Act, the requirement for leave to appeal from the Competition Appeal Court remains operative. The applicants failed to seek such leave, which is a necessary procedural step before approaching the Supreme Court of Appeal. The court found that the issues raised by the applicants were indeed appealable, as they have a final and definitive effect on the main case. However, the application was dismissed because the applicants did not comply with the statutory requirement to first seek leave to appeal from the Competition...

Citation
[2003] ZASCA 70
Parties
Applicant: American Natural Soda Corporation; Applicant: CHC Global (Pty) Limited; Respondent: Competition Commission of South Africa; Respondent: Botswana Ash (Pty) Ltd; Respondent: Chemserve Technical Products (Pty) Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 June 2003
Case Number
577/2002
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Directions Before Supreme Court of Appeal
Outcome
Application dismissed with costs, including costs of two counsel for the second and third respondents.
Judges
Farlam, Vivier, Zulman, Lewis, Mlambo
Legal Topics
Leave to Appeal, Exclusive Jurisdiction, Constitutional Validity, Locus Standi, Restrictive Horizontal Practices
Competition Law Civil Procedure Leave to Appeal Exclusive Jurisdiction Constitutional Validity Locus Standi Restrictive Horizontal Practices

Case Brief

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Parties

American Natural Soda Corporation

Applicant

CHC Global (Pty) Limited

Applicant

Competition Commission of South Africa

Respondent

Botswana Ash (Pty) Ltd

Respondent

Chemserve Technical Products (Pty) Limited

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Directions Before Supreme Court of Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to appeal to the Supreme Court of Appeal against portions of the Competition Appeal Court judgment without first seeking leave to appeal from that court.
  2. 2 Whether section 62(3)(a) of the Competition Act is constitutional.
  3. 3 Whether the issues raised by the applicants are appealable.

Ratio Decidendi

The Supreme Court of Appeal held that, regardless of the constitutionality of the statutory ouster of its appellate jurisdiction under section 62(3)(a) of the Competition Act, the requirement for leave to appeal from the Competition Appeal Court remains operative. The applicants failed to seek such leave, which is a necessary procedural step before approaching the Supreme Court of Appeal. The court found that the issues raised by the applicants were indeed appealable, as they have a final and definitive effect on the main case. However, the application was dismissed because the applicants did not comply with the statutory requirement to first seek leave to appeal from the Competition...

Court Disposition

Application dismissed with costs, including costs of two counsel for the second and third respondents.

Orders

  • The application is dismissed with costs, such costs to include, in the case of the second and third respondents, those occasioned by the employment of two counsel.