South Africa Case Law

Sparepro (Pty) Ltd v National Regulator for Compulsory Specifications and Others (38549/2022)

Sparepro (Pty) Ltd v National Regulator for Compulsory Specifications and Others (38549/2022) [2024] ZAGPPHC 527 (4 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

38549/2022

Judge

Neukircher

The High Court set aside an NRCS directive over brake-pad non-compliance, finding it late, procedurally unfair, and tainted by a reasonable apprehension of bias.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Bias In Administrative Action
• Compulsory Specifications
• Conflict Of Interest
• Administrative-law

Advanced Valves CC v Electrolux South Africa (Pty) Limited and Others (20/18686)

Advanced Valves CC v Electrolux South Africa (Pty) Limited and Others (20/18686) [2021] ZAGPJHC 545 (6 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

20/18686

Judge

Molahlehi

The court held that discovery in application proceedings is exceptional and only permitted where the interests of justice demand it. The applicant failed to demonstrate the relevance of the SABS October report to the main application, as the report was issued months after the sale of the products in question. The legality of the respondent's sales must be determined based on the certificates and permits existing at the time of sale, not on subsequent findings. The applicant's speculation that the report might retroactively affect the lawfulness of the sale was unfounded. Accordingly, the cour…

Source excerpt

• Discovery In Motion Proceedings
• Rule 35 Uniform Rules
• Relevance Of Evidence
• Compulsory Specifications
• Interdict
• Competition Between Traders

Transpaco Flexibles (Pty) Limited and Others v National Regulator For Compulsory Specifications and Others (84000/14)

Transpaco Flexibles (Pty) Limited and Others v National Regulator For Compulsory Specifications and Others (84000/14) [2014] ZAGPPHC 988 (17 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

84000/14

Judge

Ismail

The court granted an interim interdict preventing destruction or removal of disputed plastic bags pending decisions on sales permit applications.

• Interim Interdict
• Compulsory Specifications
• Legality Principle
• Plastic Bag Regulation
• Sales Permit
• Statutory Interpretation

Jim Fung Industrial Limited v National Regulator for Compulsory and Another (21624/09)

Jim Fung Industrial Limited v National Regulator for Compulsory and Another (21624/09) [2011] ZAGPPHC 111 (27 May 2011)

Court

North Gauteng High Court, Pretoria

Case number

21624/09

Judges

Louw, Webster, Rabie

High Court costs and contempt ruling arising from a compulsory-specifications directive and destruction of electrical adaptor products.

• Compulsory Specifications
• Interim Interdict
• Contempt Of Court
• Costs Award
• Administrative Justice
• Administrative-law