South Africa Case Law

Electoral Commission of South Africa v Democratic Alliance and Others (1068/2019)

Electoral Commission of South Africa v Democratic Alliance and Others (1068/2019) [2021] ZASCA 103; 2021 (5) SA 476 (SCA); [2021] 4 All SA 52 (SCA) (23 July 2021)

Court

Supreme Court of Appeal

Case number

1068/2019

Judges

Maya, Zondi, Schippers, Goosen, Sutherland

The Supreme Court of Appeal held that the Electoral Commission does not have the statutory power to adjudicate complaints regarding breaches of the Electoral Code of Conduct or to impose sanctions for such breaches. The relevant statutes—Electoral Commission Act and Electoral Act—reserve the power to adjudicate and sanction contraventions of the Code for courts designated under section 20(4) of the Electoral Commission Act. The Commission's role is limited to investigating complaints and attempting conciliation under section 103A of the Electoral Act. The complaint regarding false or defamato…

Source excerpt

• Electoral Code Of Conduct
• Jurisdiction Of Electoral Commission
• Freedom Of Expression
• Administrative Powers
• Remedies For Code Breach

Audi SA (Pty) Ltd v National Consumer Commission (NCT/4058/2012/101(1)(P)CPA)

Audi SA (Pty) Ltd v National Consumer Commission (NCT/4058/2012/101(1)(P)CPA) [2013] ZANCT 4 (21 January 2013)

Court

National Consumer Tribunal

Case number

NCT/4058/2012/101(1)(P)CPA

Judges

D Terblanche, F Sibanda, P Beck

The Tribunal set aside a compliance notice because the National Consumer Commission lacked power to order a refund or redress in it.

• Consumer Protection Act
• Compliance Notice Review
• Administrative Powers
• Retrospective Application
• Award Of Damages
• Consumer-protection-act

MTO Forestry (Pty) Ltd and Others v Competition Commission and Others (10/AM/Feb11)

MTO Forestry (Pty) Ltd and Others v Competition Commission and Others (10/AM/Feb11) [2012] ZACT 4; [2012] 1 CPLR 201 (CT) (17 January 2012)

Court

Competition Tribunal

Case number

10/AM/Feb11

Judges

Lawrence Reyburn, Andreas Wessels, Andiswa Ndoni

The Competition Tribunal held it had no jurisdiction to suspend merger conditions imposed by the Competition Commission in an intermediate merger approval.

• Intermediate Merger Control
• Suspension Of Merger Conditions
• Tribunal Jurisdiction
• Administrative Powers
• Costs Award
• Competition-law