Pick 'n Pay Retailers (Pty) Ltd. v Minister of Minerals and Energy Affairs (262/86) [1987] ZASCA 26; [1987] 2 All SA 158 (A) (26 March 1987)

Pick 'n Pay Retailers (Pty) Ltd. v Minister of Minerals and Energy Affairs (262/86) [1987] ZASCA 26; [1987] 2 All SA 158 (A) (26 March 1987)

The court held that section 2(1)(d) of the Petroleum Products Act authorizes the Minister to regulate or prohibit business practices or methods of trading that are calculated to influence, directly or indirectly, the purchase or selling price of petroleum fuel at any outlet. The coupon scheme operated by the appellant constituted a method of trading that indirectly reduced the prescribed price of petrol, thereby circumventing the statutory price determination. The language of section 2(1)(d) was interpreted in its ordinary sense, and the court rejected the appellant's argument that only external influences were contemplated. The court found that the regulation was valid, intra vires, and...

Citation
[1987] ZASCA 26
Parties
Appellant: Pick 'n Pay Retailers (Pty) Ltd.; Respondent: Minister of Minerals and Energy Affairs
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1987
Case Number
262/86
Procedural Posture
Civil Appeal / Appeal From Provincial Division; Judgment on Merits
Outcome
Appeal dismissed with costs, including costs of two counsel and costs incurred in the application for leave to appeal.
Judges
Corbett, Smalberger, Vivier, Nicholas, Kumleben
Legal Topics
Ultra Vires Regulation, Statutory Interpretation, Petroleum Products Act, Business Practices Regulation
Administrative Law Commercial and Corporate Ultra Vires Regulation Statutory Interpretation Petroleum Products Act Business Practices Regulation

Case Brief

Summary, issues, holding and outcome

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Parties

Pick 'n Pay Retailers (Pty) Ltd.

Appellant

Minister of Minerals and Energy Affairs

Respondent

Procedural Posture

Civil Appeal / Appeal From Provincial Division; Judgment on Merits

Legal Issues

  1. 1 Whether regulation 2(b) of the Petroleum Products Act regulations is ultra vires the enabling provision, section 2(1)(d).
  2. 2 Whether the Minister acted for an ulterior purpose not intended by the enabling statute.
  3. 3 Whether the coupon scheme constitutes a prohibited benefit under the regulations.

Ratio Decidendi

The court held that section 2(1)(d) of the Petroleum Products Act authorizes the Minister to regulate or prohibit business practices or methods of trading that are calculated to influence, directly or indirectly, the purchase or selling price of petroleum fuel at any outlet. The coupon scheme operated by the appellant constituted a method of trading that indirectly reduced the prescribed price of petrol, thereby circumventing the statutory price determination. The language of section 2(1)(d) was interpreted in its ordinary sense, and the court rejected the appellant's argument that only external influences were contemplated. The court found that the regulation was valid, intra vires, and...

Court Disposition

Appeal dismissed with costs, including costs of two counsel and costs incurred in the application for leave to appeal.

Orders

  • The appeal is dismissed.
  • Costs are awarded to the respondent, including the costs of two counsel and those incurred in the application for leave to appeal.