Chairman : Board On Tariffs and Trade and Others v Brenco Incorporated and Others (285/99) [2001] ZASCA 67; 2001 (4) SA 511 (SCA); 64 SATC 130 (25 May 2001)

Chairman : Board On Tariffs and Trade and Others v Brenco Incorporated and Others (285/99) [2001] ZASCA 67; 2001 (4) SA 511 (SCA); 64 SATC 130 (25 May 2001)

The Supreme Court of Appeal held that the process by which anti-dumping duties were imposed must be viewed as a whole. The BTT's investigation was conducted in accordance with statutory requirements and international practice, including the handling of confidential information and the provision of non-confidential summaries. The respondents were afforded sufficient opportunity to make representations and were aware of the substance of the case against them. The investigative actions of BTT, such as plant visits and consultations, did not require the presence or notification of all parties, nor did they amount to procedural unfairness. The court found no reasonable apprehension of bias....

Citation
[2001] ZASCA 67
Parties
Appellant: Chairman : Board On Tariffs and Trade; Appellant: Minister of Trade and Industry; Appellant: Minister of Finance; Respondent: Brenco Incorporated; Respondent: FAG South Africa Limited; Respondent: Transnet Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 May 2001
Case Number
285/99
Procedural Posture
Civil Appeal / Appeal From the Court a Quo, With Leave Granted by the Lower Court
Outcome
Appeal upheld; application dismissed with costs.
Judges
Marais, Zulman, Streicher, Navsa, Mpati
Legal Topics
Procedural Fairness, Anti Dumping Duties, Audi Alteram Partem, Confidential Information, Natural Justice, Customs and Excise
Administrative Law Commercial and Corporate Procedural Fairness Anti Dumping Duties Audi Alteram Partem Confidential Information Natural Justice Customs and Excise

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Chairman : Board On Tariffs and Trade

Appellant

Minister of Trade and Industry

Appellant

Minister of Finance

Appellant

Brenco Incorporated

Respondent

FAG South Africa Limited

Respondent

Transnet Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From the Court a Quo, With Leave Granted by the Lower Court

Legal Issues

  1. 1 Whether the Board on Tariffs and Trade (BTT) violated the audi alteram partem principle during its anti-dumping investigation.
  2. 2 Whether the Minister of Trade and Industry and the Minister of Finance failed to observe procedural fairness before imposing anti-dumping duties.
  3. 3 Whether the imposition of anti-dumping duties was null and void due to procedural unfairness.

Ratio Decidendi

The Supreme Court of Appeal held that the process by which anti-dumping duties were imposed must be viewed as a whole. The BTT's investigation was conducted in accordance with statutory requirements and international practice, including the handling of confidential information and the provision of non-confidential summaries. The respondents were afforded sufficient opportunity to make representations and were aware of the substance of the case against them. The investigative actions of BTT, such as plant visits and consultations, did not require the presence or notification of all parties, nor did they amount to procedural unfairness. The court found no reasonable apprehension of bias....

Court Disposition

Appeal upheld; application dismissed with costs.

Orders

  • The appeal is upheld with costs, including costs attendant upon the employment of two counsel by the appellants.
  • The order of the court a quo is set aside and substituted with: 'The application is dismissed with costs, including costs attendant upon the employment of two counsel by the respondents.'