South Africa Case Law

Ithuba Holdings (Pty) Ltd v Lottostar (Pty) Ltd and Others (A46/2020)

Ithuba Holdings (Pty) Ltd v Lottostar (Pty) Ltd and Others (A46/2020) [2021] ZAMPMBHC 39 (30 August 2021)

Court

Mbombela High Court, Mpumalanga

Case number

A46/2020

Judges

Mashile, Roelofse

The court held that neither Ithuba Holdings nor the National Lotteries Commission are organs of state for purposes of section 41 of the Constitution and the Framework Act, as the Commission is a public institution excluded from the Framework Act's application. Consequently, the dispute is not intergovernmental and the requirement to exhaust alternative dispute resolution mechanisms does not apply. The preliminary defence of non-joinder was rejected, as the relief sought is against Lottostar only and does not affect other bookmakers or authorities. On the merits, the court found that Lottostar…

Source excerpt

• Lotteries Act Interpretation
• Intergovernmental Dispute
• Non Joinder
• Unlawful Gambling
• Exclusive Licensing

Caxton and CTP Publishers and Printers Limited and Others v MultiChoice Proprietary Limited and Others (140/CAC/MAR16)

Caxton and CTP Publishers and Printers Limited and Others v MultiChoice Proprietary Limited and Others (140/CAC/MAR16) [2016] ZACAC 3; [2016] 1 CPLR 1 (CAC) (24 June 2016)

Court

Competition Appeal Court

Case number

140/CAC/MAR16

Judges

DM Davis, NP Boqwana, Vally

The court held that the agreement between MultiChoice and SABC did not constitute a merger as defined in section 12 of the Competition Act. The exclusive licensing of SABC's entertainment channel to MultiChoice, while significant, did not amount to a transfer of a discrete business or productive capacity, as the content represented a minor portion of SABC's archive and SABC retained ownership and operational control. The five-year duration of the agreement was not sufficiently permanent to alter market structure or confer lasting control. Regarding the encryption clause, the court found that…

Source excerpt

• Merger Notification
• Acquisition Of Control
• Exclusive Licensing
• Broadcasting Regulation
• Public Interest
• Encryption Policy

Foize Africa (Pty) Ltd v Foize Beheer BV and Others (752/2011)

Foize Africa (Pty) Ltd v Foize Beheer BV and Others (752/2011) [2012] ZASCA 123; [2012] 4 All SA 387 (SCA); 2013 (3) SA 91 (SCA) (20 September 2012)

Court

Supreme Court of Appeal

Case number

752/2011

Judges

Mthiyane, Cloete, Heher, Shongwe, Leach

The SCA held that foreign jurisdiction and arbitration clauses do not oust South African jurisdiction and granted interim interdictory relief.

• Exclusive Licensing
• Interim Interdict
• Foreign Jurisdiction Clause
• Arbitration Clause
• Piercing Corporate Veil
• Foreign-jurisdiction-clause

Colors Fruit (South Africa) ( Pty) Ltd v Voor-Groenberg Nurseries/Kwekerye CC and Others (14891/2011)

Colors Fruit (South Africa) ( Pty) Ltd v Voor-Groenberg Nurseries/Kwekerye CC and Others (14891/2011) [2011] ZAWCHC 453 (16 September 2011)

Court

Western Cape High Court, Cape Town

Case number

14891/2011

Judge

Davis

The High Court held that Colors Fruit owned the disputed Sheehan grape plant material and ordered delivery, with an interdict against the second respondent.

• Plant Breeders Rights Act
• Ownership Of Vegetative Material
• Rei Vindicatio
• Exclusive Licensing
• Termination Of Agreement
• Rei-vindicatio

Admiral Yacht Manufacturers (Pty) Ltd v Islan Spirit Yachts (Pty) Ltd and Others (10295/2008)

Admiral Yacht Manufacturers (Pty) Ltd v Islan Spirit Yachts (Pty) Ltd and Others (10295/2008) [2008] ZAWCHC 237 (8 August 2008)

Court

Western Cape High Court, Cape Town

Case number

10295/2008

Judge

Louw

High Court urgent interdict restraining both sides from making or selling the Island Spirit catamaran pending arbitration over exclusive design rights.

• Exclusive Licensing
• Passing Off
• Interdict
• Design Rights
• Arbitration Pending
• Brand Name Restriction

Nampak Products Limited and Burcap Plastics (Pty) Ltd (1/LM/Oct06)

Nampak Products Limited and Burcap Plastics (Pty) Ltd (1/LM/Oct06) [2007] ZACT 42; [2007] 2 CPLR 373 (CT) (25 June 2007)

Court

Competition Tribunal

Case number

1/LM/Oct06

Judges

N Manoim, Y Carrim, M Mokuena

The Competition Tribunal conditionally approved Nampak’s acquisition of full control of Burcap, imposing limits on exclusive PET licensing to protect competition.

• Merger Control
• Market Definition
• Barriers To Entry
• Exclusive Licensing
• Potential Competition
• Merger-control