South Africa Case Law

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Engen Petroleum Limited and Others (CCT09/16)

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Engen Petroleum Limited and Others (CCT09/16) [2017] ZACC 2; 2017 (6) BCLR 773 (CC) (9 February 2017)

Court

Constitutional Court

Case number

CCT 09/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mbha, Mhlantla, Musi, Zondo

The Constitutional Court held that the decisions of the Controller and Minister not to refer the dispute to arbitration were administrative actions subject to review under PAJA. The Court found that section 12B of the Petroleum Products Act requires only an allegation of an unfair or unreasonable contractual practice for referral to arbitration, and does not require proof of an ongoing contract or exclude single acts such as cancellation. The Controller and Minister misunderstood their powers and imposed requirements not found in the Act, constituting material errors of law. The Court further…

Source excerpt

• Promotion Of Administrative Justice Act
• Contractual Practice Review
• Statutory Arbitration
• Error Of Law
• Equitable Standard In Contracts