Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Lucky Cement Limited v International Trade Administration Commission and Others (2022/048142) [2025] ZAGPPHC 243 (7 March 2025)
The High Court dismissed Lucky Cement’s PAJA review of ITAC’s sunset-review determination and 25% anti-dumping duty on cement imports from Pakistan.
Association of Meat Importers and Exporters v International Trade Administration Commission and Others (9233/2022) [2023] ZAGPPHC 1790; [2024] 1 All SA 106 (GP) (12 October 2023)
Review of a ministerial decision to continue anti-dumping duties on frozen chicken succeeded in part: the Deputy Minister had authority, but the decision was irrational.
Casar Drahtseilwerk Saar GMBH v International Trade Administration Commission and Others (66248/2014) [2020] ZAGPPHC 141 (14 February 2020)
The court found that ITAC and the Minister failed to consider the injury ground as required by Article 11.2 of the Anti-Dumping Agreement, constituting a material error of law and rendering their decisions reviewable under PAJA. The applicant provided a full and reasonable explanation for the delay in instituting proceedings, and condonation was granted. The court held that the Minister of Finance did not have a direct and substantial interest in the relief sought, and non-joinder was not fatal. The court declined to substitute its own decision for that of ITAC and the Minister, citing the se…
Source excerpt
Association of Meat Importers and Exporters and Others v International Trade Administration Commission and Others (769, 770, 771/12) [2013] ZASCA 108; [2013] 4 All SA 253 (SCA); 2014 (4) BCLR 439 (SCA); 76 SATC 9 (13 September 2013)
The Supreme Court of Appeal held that the anti-dumping duties reflected in the notice of motion were extant at the time the sunset reviews were initiated in each case. The High Court's orders declaring Schedule 2 to the Customs and Excise Act invalid were incompetent, as the absence of a law is not equivalent to invalidity. Regulation 53.2 of the anti-dumping regulations provided that duties remain in force pending the outcome of a sunset review initiated before expiry. The initiation of sunset reviews, even if based on a mistaken calculation of the five-year period, did not invalidate the re…
Source excerpt
Bridon International GMBH v International Trade Administration Commission and Others (538/2011) [2012] ZASCA 82; [2012] 4 All SA 121 (SCA); 2013 (3) SA 197 (SCA) (30 May 2012)
The Supreme Court of Appeal held that section 35(3) of the International Trade Administration Act is not confined to proceedings before the Commission but extends to review proceedings before the High Court. The court found that the confidentiality regime imposed by the court a quo, which restricts access to Bridon's confidential information to legal representatives and independent experts under strict undertakings, strikes an appropriate balance between the competing interests of protecting confidential information and ensuring a fair hearing for Casar. The court rejected Bridon's argument f…
Source excerpt
International Trade Administration Commission and Another v SA Tyre Manufacturers Conference (Pty) Ltd and Others (738/2010) [2011] ZASCA 137 (23 September 2011)
The Supreme Court of Appeal held that ITAC was not obliged to investigate China’s overall market economy status and upheld dismissal of the review.
C Drahtseilwerk Saar GMBH v International Trade Administration Commission and Others (53925/09) [2010] ZAGPPHC 255 (26 November 2010)
The court found that the applicant's relief is indeed provided for under section 35(2) of the International Trade Administration Act, which allows a person to apply to the High Court for an appropriate order concerning access to confidential information after mediation fails. The applicant accepts the confidential nature of the information and does not seek a fresh determination of confidentiality, but rather an order regulating access. The court distinguished the Brenco case, noting that it dealt with access at the investigative stage, whereas the present matter concerns access at the delibe…
Source excerpt
Commissioner for the South African Revenue Service v Duro Pressings (Proprietary) Limited (A1031/06) [2008] ZAGPHC 345; 71 SATC 88 (14 November 2008)
The court held that steel plates made for garage doors were classifiable under tariff heading 7308.30, not 7210.70, and dismissed the appeal.
Progress Office Machines CC v South African Revenue Services and Others (532/06) [2007] ZASCA 118; [2007] 4 All SA 1358 (SCA); 2008 (2) SA 13 (SCA); 69 SATC 231 (25 September 2007)
The Supreme Court of Appeal held that a retroactively imposed anti-dumping duty ran from the retrospective date, not the publication date, and had lapsed after five years.
Chairman : Board On Tariffs and Trade and Others v Brenco Incorporated and Others (285/99) [2001] ZASCA 67; 2001 (4) SA 511 (SCA); 64 SATC 130 (25 May 2001)
The Supreme Court of Appeal upheld anti-dumping duties, holding that the investigation was fair, confidential information could be withheld, and no further ministerial hearing was required.
Explore more
