South Africa Case Law

C Drahtseilwerk Saar GMBH v International Trade Administration Commission and Others (53925/09)

C Drahtseilwerk Saar GMBH v International Trade Administration Commission and Others (53925/09) [2010] ZAGPPHC 255 (26 November 2010)

Court

North Gauteng High Court, Pretoria

Case number

53925/09

Judge

MNGQIBISA-THUSI

The court found that the applicant's relief is indeed provided for under section 35(2) of the International Trade Administration Act, which allows a person to apply to the High Court for an appropriate order concerning access to confidential information after mediation fails. The applicant accepts the confidential nature of the information and does not seek a fresh determination of confidentiality, but rather an order regulating access. The court distinguished the Brenco case, noting that it dealt with access at the investigative stage, whereas the present matter concerns access at the delibe…

Source excerpt

• Anti Dumping Duties
• Access To Confidential Information
• International Trade Administration Act
• Rule 53 Review
• Sunset Review
• Judicial Review Procedure

Degussa Africa (Pty) Ltd and Another v International Trade Administration Commission and Others (22264/2007)

Degussa Africa (Pty) Ltd and Another v International Trade Administration Commission and Others (22264/2007) [2007] ZAGPHC 112; 69 SATC 146 (20 June 2007)

Court

High Courts - Gauteng

Case number

22264/2007

Judge

W.L Seriti

The court set aside provisional safeguard duties on lysine, holding that the Commission acted unlawfully by imposing them without prior notice or a hearing.

• Procedural Fairness
• Safeguard Measures
• Promotion Of Administrative Justice Act
• International Trade Administration Act
• Customs And Excise
• World Trade Organisation Agreement