Caxton and CPT Publishers and Printers and Another v Novus Holdings Limited and Others (13210/19) [2022] ZAWCHC 277 (31 March 2022)

Caxton and CPT Publishers and Printers and Another v Novus Holdings Limited and Others (13210/19) [2022] ZAWCHC 277 (31 March 2022)

The Court held that, although it retains jurisdiction, it is not appropriate to grant final relief on the validity of the EVS certificate while the same issues are under investigation by the B-BBEE Commission. Allowing parallel proceedings risks inconsistent findings and undermines the administrative process. The applicant failed to provide sufficient basis for the Court to intervene before the Commission's findings are made. The application is therefore dismissed, and the applicant is directed to pursue its remedies following the outcome of the Commission's investigation, either by review or enforcement of the Commission's findings.

Citation
[2022] ZAWCHC 277
Parties
Applicant: Caxton and CPT Publishers and Printers; Applicant: CTP Limited; Respondent: Novus Holdings Limited; Respondent: Express Verification Services Proprietary Limited; Respondent: The Commissioner, Broad-Based Black Economic Empowerment Commission; Respondent: JSE Limited; Respondent: South African National Accreditation System
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
31 March 2022
Case Number
13210/19
Procedural Posture
Civil Application / Final Relief Application Following Amendment of Notice of Motion; Judgment on Merits
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
Fortuin
Legal Topics
Broad Based Black Economic Empowerment, Certificate Validity, Jurisdiction of Commission, Parallel Proceedings, Administrative Review
Administrative Law Commercial and Corporate Broad Based Black Economic Empowerment Certificate Validity Jurisdiction of Commission Parallel Proceedings Administrative Review

Case Brief

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Parties

Caxton and CPT Publishers and Printers

Applicant

CTP Limited

Applicant

Novus Holdings Limited

Respondent

Express Verification Services Proprietary Limited

Respondent

The Commissioner, Broad-Based Black Economic Empowerment Commission

Respondent

JSE Limited

Respondent

South African National Accreditation System

Respondent

Procedural Posture

Civil Application / Final Relief Application Following Amendment of Notice of Motion; Judgment on Merits

Legal Issues

  1. 1 Whether the EVS B-BBEE certificate issued to Novus on 16 May 2019 was unlawful and invalid.
  2. 2 Whether Novus's reliance on the EVS certificate was unlawful and constituted misrepresentation under the B-BBEE Act.
  3. 3 Whether the High Court should grant final relief while the same issues are under investigation by the B-BBEE Commission.

Ratio Decidendi

The Court held that, although it retains jurisdiction, it is not appropriate to grant final relief on the validity of the EVS certificate while the same issues are under investigation by the B-BBEE Commission. Allowing parallel proceedings risks inconsistent findings and undermines the administrative process. The applicant failed to provide sufficient basis for the Court to intervene before the Commission's findings are made. The application is therefore dismissed, and the applicant is directed to pursue its remedies following the outcome of the Commission's investigation, either by review or enforcement of the Commission's findings.

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed.
  • Applicants are ordered to pay the costs of the application, including the costs of two counsel.