Broad-Based Black Economic Empowerment Commission v Cargo Carriers Proprietary Limited (76000/2019) [2022] ZAGPPHC 318 (18 May 2022)

Broad-Based Black Economic Empowerment Commission v Cargo Carriers Proprietary Limited (76000/2019) [2022] ZAGPPHC 318 (18 May 2022)

The court found that the applicant's grounds for leave to appeal were without merit. The Plascon-Evans principle was correctly applied, as there were clear disputes of fact requiring its use. The Swissborough case remains applicable to review proceedings, and the applicant failed to demonstrate any alternative legal standard. The evidence of training was properly admitted, and the applicant did not establish the jurisdictional facts for fronting. No evidence was presented that Afrisam required ODI's as a condition, nor that Cargo Carriers benefited improperly. The applicant's arguments were unsupported by law or fact, and there were no reasonable prospects that another court would reach a...

Citation
[2022] ZAGPPHC 318
Parties
Applicant: Broad-Based Black Economic Empowerment Commission; Respondent: Cargo Carriers Proprietary Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 May 2022
Case Number
76000/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal or Full Court
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
S. Potterill
Legal Topics
Leave to Appeal, Dispute of Fact, Plascon Evans Principle, Fronting, Review Proceedings
Civil Procedure Commercial and Corporate Leave to Appeal Dispute of Fact Plascon Evans Principle Fronting Review Proceedings

Case Brief

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Parties

Broad-Based Black Economic Empowerment Commission

Applicant

Cargo Carriers Proprietary Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal or Full Court

Legal Issues

  1. 1 Whether the Plascon-Evans principle was correctly applied to the dispute of fact in the application.
  2. 2 Whether the Swissborough case is applicable in review proceedings regarding the attachment of reports without specific reference in affidavits.
  3. 3 Whether new evidence of training in the replying affidavit was wrongly admitted.

Ratio Decidendi

The court found that the applicant's grounds for leave to appeal were without merit. The Plascon-Evans principle was correctly applied, as there were clear disputes of fact requiring its use. The Swissborough case remains applicable to review proceedings, and the applicant failed to demonstrate any alternative legal standard. The evidence of training was properly admitted, and the applicant did not establish the jurisdictional facts for fronting. No evidence was presented that Afrisam required ODI's as a condition, nor that Cargo Carriers benefited improperly. The applicant's arguments were unsupported by law or fact, and there were no reasonable prospects that another court would reach a...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed with costs, including the costs of two counsel.