South Africa Case Law

National Credit Regulator v JDG Trading (Pty) Ltd and Others (A3086/2019)

National Credit Regulator v JDG Trading (Pty) Ltd and Others (A3086/2019) [2025] ZAGPJHC 442 (7 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A3086/2019

Judges

S Mahomed, Khashane La M. Manamela

The court found that JDG Trading contravened section 106(2)(a) of the National Credit Act by selling bundled insurance to pensioners and disabled persons who could never benefit from disability or retrenchment cover. The insurance was unreasonable because these consumers were required to pay for cover that was meaningless to them, and JDG bore no risk of payout for these categories. The court rejected JDG's argument that low cost and group cover justified the practice, holding that fairness and reasonableness must be assessed in relation to the individual consumer's circumstances. The Tribuna…

Source excerpt

• Credit Life Insurance
• Unreasonable Contract Terms
• Consumer Protection
• Cross Subsidisation
• Prohibited Conduct
• Administrative Penalty Referral

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v National Energy Regulator of SA and Others (92792/2019)

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v National Energy Regulator of SA and Others (92792/2019) [2022] ZAGPPHC 927 (25 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

92792/2019

Judge

E.M Kubushi

NERSA's approval of City Power's 2019/2020 electricity tariffs was unlawful, irrational, and invalid. The regulator failed to require or consider a cost of supply study, relied on outdated and generic financial data, and did not assess the costs for different customer categories. This contravened the requirements of the Electricity Regulation Act and the Electricity Pricing Policy, which mandate cost-reflective tariffs and avoidance of undue discrimination. The benchmarking methodology used was a guideline, not binding law, and NERSA retained discretion to depart from it where its application…

Source excerpt

• Promotion Of Administrative Justice Act
• Electricity Tariff Regulation
• Cost Reflective Tariffs
• Municipal Powers And Duties
• Judicial Review
• Cross Subsidisation

Association of System Operators v Competition Commission and Others (71/SM/Nov10, 72/SM/Nov10)

Association of System Operators v Competition Commission and Others (71/SM/Nov10, 72/SM/Nov10) [2013] ZACT 45 (5 June 2013)

Court

Competition Tribunal

Case number

71/SM/Nov10, 72/SM/Nov10

Judges

Norman Manoim, Imraan Valodia, Anton Roskam

The Tribunal upheld conditional approval of two small mergers but sent the merger conditions back to the Commission to be redrafted and expanded.

• Merger Review
• Conditional Approval
• Bundling
• Cross Subsidisation
• Hold Separate Remedy
• Administrative Action