South Africa Case Law

TC Smelters (Pty) Ltd and Another v Minister: Department of Mineral Resources and Energy and Others (006097/2022)

TC Smelters (Pty) Ltd and Another v Minister: Department of Mineral Resources and Energy and Others (006097/2022) [2024] ZAGPPHC 493 (23 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

006097/2022

Judge

Nyathi

The High Court held that TC Smelters’ operations remained subject to the Mine Health and Safety Act and dismissed its bid for a declarator with costs.

• Mine Health And Safety Act
• Occupational Health And Safety Act
• Statutory Interpretation
• Exemption Application
• Non Joinder
• Promotion Of Administrative Justice Act

Continental Power Supplies (Pty) Ltd v Minister of Trade and Industry and Another (89256/2018)

Continental Power Supplies (Pty) Ltd v Minister of Trade and Industry and Another (89256/2018) [2020] ZAGPPHC 732 (20 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

89256/2018

Judge

P D Phahlane

The court found that the dti's refusal to grant exemption to the applicant was rational, lawful, reasonable, and procedurally fair. The dti exercised its discretionary power in accordance with the Preferential Procurement Policy Framework Act and relevant regulations, and its decision was based on an investigation into local manufacturing capacity. The applicant was not entitled to consultation as it lacked the capacity to produce the required transformers. The court held that the means selected by the dti were rationally related to the objective of promoting local content and that there was…

Source excerpt

• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Local Content Requirement
• Exemption Application
• Procedural Fairness
• Discretionary Power

Gas2Liquids (Pty) Ltd v Competition Commission and Others (13607)

Gas2Liquids (Pty) Ltd v Competition Commission and Others (13607) [2013] ZACT 3; [2013] 1 CPLR 330 (CT) (23 January 2013)

Court

Competition Tribunal

Case number

013607

Judges

N Manoim, Y Carrim, L Reyburn

The Competition Tribunal dismissed Gas2Liquids’ appeal against a petroleum industry exemption granted to SAPIA and members under section 10 of the Competition Act.

• Exemption Application
• Information Sharing
• Access To Infrastructure
• Economic Stability
• Restrictive Practices
• Competition-law

Abraham and Another v Minister of Home Affairs (12515/2008)

Abraham and Another v Minister of Home Affairs (12515/2008) [2008] ZAGPHC 212 (4 July 2008)

Court

High Courts - Gauteng

Case number

12515/2008

Judge

Makhafola K

The court found that the Applicants were illegal foreigners in possession of fraudulent temporary residence permits and had contravened the Immigration Act by taking employment while on visitor's permits without authorisation. The procedures followed by the Department of Home Affairs, including the decisions of the immigration officer, Director-General, and Minister, complied with the requirements of the Immigration Act and PAJA. The Applicants did not apply for exemption under Section 31, and the facts of the Littlewood case were distinguishable. The Minister's administrative action was lawf…

Source excerpt

• Immigration Act Review
• Procedural Fairness
• Illegal Foreigner Determination
• Exemption Application
• Fraudulent Documentation

Association of Shipping Lines v Competition Commission (22/CAC/Sep02)

Association of Shipping Lines v Competition Commission (22/CAC/Sep02) [2003] ZACAC 8; [2003] 2 CPLR 228 (CAC) (14 November 2003)

Court

Competition Appeal Court

Case number

22/CAC/Sep02

Judges

Patel, Hussain, Mailula

The Competition Appeal Court held that section 10 of the Competition Act permits category exemptions, confirming the Commission may consider block exemptions.

• Exemption Application
• Block Exemption
• Interpretation Of Statute
• Jurisdiction Of Competition Commission
• Competition-law
• Block-exemption