South Africa Case Law

Carte Blanche Marketing CC and Others v Commissioner for the South African Revenue Service (26244/2015)

Carte Blanche Marketing CC and Others v Commissioner for the South African Revenue Service (26244/2015) [2017] ZAGPPHC 253 (26 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

26244/2015

Judge

C R Jansen

The High Court ordered SARS to provide further discovery in a review over an audit notice, declining to decide whether the audit decision was reviewable.

• Discovery In Review Proceedings
• Tax Administration Act
• Administrative Action Definition
• Rule 35 Uniform Rules
• Judicial Review Of Tax Decisions
• Tax-administration-act

Tourvest Holdings (Pty) Ltd v Airports Company South Africa SOC Ltd and Others (8654/2014)

Tourvest Holdings (Pty) Ltd v Airports Company South Africa SOC Ltd and Others (8654/2014) [2016] ZAGPPHC 174 (4 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

8654/2014

Judge

Tokota

The court dismissed an application to compel disclosure of legal opinions and board audio recordings in a tender review, holding them privileged and irrelevant.

• Legal Professional Privilege
• Discovery In Review Proceedings
• Procurement By Organs Of State
• Promotion Of Administrative Justice Act
• Legal-professional-privilege
• Rule-53-discovery

Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12)

Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12) [2012] ZACAC 7; [2013] 1 CPLR 26 (CAC) (29 October 2012)

Court

Competition Appeal Court

Case number

118/CAC/APR12

Judges

Swain AJA, Davis JP, Dambuza JA

The Tribunal's refusal to order discovery and production of documents placed before the Competition Commission when it decided to refer the complaint is appealable, as irretrievable prejudice would result if the appellant were denied access to the evidence necessary for a proper review. The referral decision is reviewable under the constitutional principle of legality, requiring objective rationality and reasonable grounds for the decision. The appellant is entitled to the production of the record, meaning all materials, reports, recommendations, and evidence that served before the decision m…

Source excerpt

• Discovery In Review Proceedings
• Jurisdictional Facts
• Constitutional Principle Of Legality
• Administrative Action Exclusion
• Competition Act Section 50
• Rule 14 Privilege