South Africa Case Law

Key Truck Durban (Pty) Ltd and Others v Ethekwini Municipality and Others (4855/2021)

Key Truck Durban (Pty) Ltd and Others v Ethekwini Municipality and Others (4855/2021) [2022] ZAKZPHC 65 (31 October 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4855/2021

Judge

Balton

The High Court set aside the Municipality’s rejection of Key Truck’s tender bids and remitted the tender for re-evaluation, finding no proof of collusive bidding.

• Municipal Supply Chain Management
• Collusive Bidding
• Promotion Of Administrative Justice Act
• Bid Rigging
• Tender Review
• Competition Act Application

South African Raisins (Pty) Ltd. and Another v S A D Holdings Ltd. (176/2000)

South African Raisins (Pty) Ltd. and Another v S A D Holdings Ltd. (176/2000) [2000] ZASCA 60; 2001 (2) SA 877 (SCA); (29 September 2000)

Court

Supreme Court of Appeal

Case number

176/2000

Judges

Grosskopf, Howie, Plewman, Melunsky, Farlam

The Supreme Court of Appeal held that the Competition Act applies to the raisin industry because there is no existing directive, regulation, or authorisation under the Marketing of Agricultural Products Act that governs monopolistic or anti-competitive acts in the sector. The Marketing of Agricultural Products Act is merely enabling and does not itself constitute public regulation for the purposes of s 3(1)(d) of the Competition Act. The Tribunal therefore had jurisdiction to issue the interim orders, and the High Court erred in declaring those orders null and void. The appeal was allowed, an…

Source excerpt

• Competition Act Application
• Public Regulation Exclusion
• Marketing Of Agricultural Products Act
• Jurisdiction Of Competition Tribunal