South Africa Case Law

Competition Commission v Beefcor Proprietary Ltd and Another (CCT 175/20)

Competition Commission v Beefcor Proprietary Ltd and Another (CCT 175/20) [2021] ZACC 9; 2021 (4) SA 408 (CC); 2021 (7) BCLR 683 (CC); [2021] HIPR 169 (CC) (13 May 2021)

Court

Constitutional Court

Case number

CCT 175/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that withdrawing a competition complaint is not “completed proceedings” under section 67(2) unless the merits were finally decided.

• Interpretation Of Competition Act
• Double Jeopardy
• Access To Tribunal
• Withdrawal Of Complaint
• Administrative Fairness
• Competition-law

Sappi Timber Industries (Pty) Ltd t/a Boskor Sawmill v Commission for Conciliation, Mediation and Arbitration and Others (P502/02)

Sappi Timber Industries (Pty) Ltd t/a Boskor Sawmill v Commission for Conciliation, Mediation and Arbitration and Others (P502/02) [2003] ZALC 22; (2003) 24 ILJ 846 (LC) (22 February 2003)

Court

Labour Court

Case number

P502/02

Judge

D Pillay

The court held that the delay and non-service of the conciliation certificate by the CCMA did not render the certificate invalid. The certificate was factually correct and served its evidentiary and jurisdictional purposes. The Labour Relations Act does not prescribe a time limit for issuing the certificate, and the word 'must' in section 135(5)(a) is peremptory regarding the obligation to issue the certificate, but not as to timing. The applicant did not establish material prejudice resulting from the delay or non-service, as it received the certificate when needed for arbitration. The right…

Source excerpt

• Conciliation Certificate Delay
• Jurisdiction Of Ccma
• Referral To Arbitration
• Reasonable Time Requirement
• Access To Tribunal
• Labour Relations Act Interpretation