Pistorious N.O. and Others v Competition Commission of South Africa (148/CACNOV16, CR125DEC14, JO1029MAY16, JO1047JUN16) [2017] ZACAC 4; [2017] 2 CPLR 575 (CAC) (10 October 2017)

Pistorious N.O. and Others v Competition Commission of South Africa (148/CACNOV16, CR125DEC14, JO1029MAY16, JO1047JUN16) [2017] ZACAC 4; [2017] 2 CPLR 575 (CAC) (10 October 2017)

The court held that the failure to join all trustees as respondents from the outset does not render the complaint referral a nullity. Provided the trust is properly capacitated and authority is given, subsequent joinder of trustees is permissible and can cure any procedural defect. The court found no basis for the argument that prescription precluded the joinder or amendment, as the relevant statutory provisions did not support such a conclusion. The facts underlying the complaint referral already supported a period ending in April 2009, and the amendment merely clarified this. The appeal against both the joinder and amendment orders was dismissed, as the appellants' resistance was...

Citation
[2017] ZACAC 4
Parties
Appellant: Pistorius, HWC N.O.; Appellant: Pistorius, LC N.O.; Appellant: Pistorius, H N.O.; Appellant: Pistorius, AK N.O.; Appellant: McIntyre, I N.O.; Appellant: Du Plessis, DH N.O.; Appellant: Kalkor (Pty) Ltd; Respondent: Competition Commission of South Africa
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
10 October 2017
Case Number
148/CACNOV16
Procedural Posture
Civil Appeal / Appeal Against Tribunal Orders on Joinder and Amendment
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Van der Linde, Davis, Makgoba
Legal Topics
Joinder of Parties, Trustee Authority, Prescription, Complaint Referral Amendment, Horizontal Restrictive Practices
Competition Law Civil Procedure Joinder of Parties Trustee Authority Prescription Complaint Referral Amendment Horizontal Restrictive Practices

Case Brief

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Parties

Pistorius, HWC N.O.

Appellant

Pistorius, LC N.O.

Appellant

Pistorius, H N.O.

Appellant

Pistorius, AK N.O.

Appellant

McIntyre, I N.O.

Appellant

Du Plessis, DH N.O.

Appellant

Kalkor (Pty) Ltd

Appellant

Competition Commission of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal Against Tribunal Orders on Joinder and Amendment

Legal Issues

  1. 1 Whether failure to join all trustees as respondents from the outset renders the complaint referral a nullity.
  2. 2 Whether subsequent joinder of trustees can cure any defect in the proceedings.
  3. 3 Whether the amendment to extend the complaint referral period is precluded by prescription.

Ratio Decidendi

The court held that the failure to join all trustees as respondents from the outset does not render the complaint referral a nullity. Provided the trust is properly capacitated and authority is given, subsequent joinder of trustees is permissible and can cure any procedural defect. The court found no basis for the argument that prescription precluded the joinder or amendment, as the relevant statutory provisions did not support such a conclusion. The facts underlying the complaint referral already supported a period ending in April 2009, and the amendment merely clarified this. The appeal against both the joinder and amendment orders was dismissed, as the appellants' resistance was...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs consequent upon the employment of two counsel.