Old Mutual Properties (Pty) Ltd and Another v Avalon Group (Pty) Limited and Others (21/CAC/Jul02) [2003] ZACAC 3; [2003] 1 CPLR 46 (CAC) (24 April 2003)

Old Mutual Properties (Pty) Ltd and Another v Avalon Group (Pty) Limited and Others (21/CAC/Jul02) [2003] ZACAC 3; [2003] 1 CPLR 46 (CAC) (24 April 2003)

The Court held that its jurisdiction to review is strictly limited by the Competition Act to decisions of the Competition Tribunal. The decisions challenged by the applicants were made by an Assigned Member and, except where specifically provided for in section 31(5), such decisions are not decisions of the Tribunal. The Act does not permit the Court to review procedural or interlocutory decisions of Assigned Members unless expressly provided. The applicants' reliance on the Anglo South Africa case was misplaced, as the review jurisdiction was not considered or decided in that matter. Accordingly, the point in limine was upheld, and the appeal was dismissed for lack of jurisdiction.

Citation
[2003] ZACAC 3
Parties
Applicant: Old Mutual Properties (Pty) Limited; Applicant: Old Mutual Life Assurance Company (South Africa) Limited; Respondent: Competition Tribunal; Respondent: Norman Manoim N.O.; Respondent: Avalon Group (Pty) Limited; Respondent: Videovision Entertainment (Pty) Limited; Respondent: Primedia Limited; Respondent: Ster-Kinekor Films (Pty) Limited
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
24 April 2003
Case Number
21/CAC/JUL02
Procedural Posture
Review Application / Appeal From Pre Hearing Conference Decisions of Assigned Member
Outcome
Appeal dismissed for lack of jurisdiction; point in limine upheld.
Judges
Malan, Hussain, Jali
Legal Topics
Jurisdiction of Competition Appeal Court, Review of Tribunal Decisions, Powers of Assigned Member, Procedural Fairness
Competition Law Civil Procedure Jurisdiction of Competition Appeal Court Review of Tribunal Decisions Powers of Assigned Member Procedural Fairness

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 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Old Mutual Properties (Pty) Limited

Applicant

Old Mutual Life Assurance Company (South Africa) Limited

Applicant

Competition Tribunal

Respondent

Norman Manoim N.O.

Respondent

Avalon Group (Pty) Limited

Respondent

Videovision Entertainment (Pty) Limited

Respondent

Primedia Limited

Respondent

Ster-Kinekor Films (Pty) Limited

Respondent

Procedural Posture

Review Application / Appeal From Pre Hearing Conference Decisions of Assigned Member

Legal Issues

  1. 1 Whether the Competition Appeal Court has jurisdiction to review decisions of an Assigned Member of the Competition Tribunal.
  2. 2 Whether the decision to order discovery of the November 2001 lease agreement is reviewable and should be set aside.
  3. 3 Whether the refusal to refer a point of law for separate hearing is reviewable and should be set aside.

Ratio Decidendi

The Court held that its jurisdiction to review is strictly limited by the Competition Act to decisions of the Competition Tribunal. The decisions challenged by the applicants were made by an Assigned Member and, except where specifically provided for in section 31(5), such decisions are not decisions of the Tribunal. The Act does not permit the Court to review procedural or interlocutory decisions of Assigned Members unless expressly provided. The applicants' reliance on the Anglo South Africa case was misplaced, as the review jurisdiction was not considered or decided in that matter. Accordingly, the point in limine was upheld, and the appeal was dismissed for lack of jurisdiction.

Court Disposition

Appeal dismissed for lack of jurisdiction; point in limine upheld.

Orders

  • The point in limine is upheld.
  • The appeal is dismissed with costs, including the costs of two counsel.