Simelane NO and Others v Seven-Eleven Corporation SA (Pty) Ltd and Another (480/01)
Simelane NO and Others v Seven-Eleven Corporation SA (Pty) Ltd and Another (480/01) [2002] ZASCA 141; [2001-2002] CPLR 13 (SCA) ; [2003] 1 All SA 82 (SCA); 2003 (3) SA 64 (SCA) (26 November 2002)
The Supreme Court of Appeal held that the Competition Commission's referral of complaints to the Tribunal is an investigative act, not a determinative administrative decision affecting Seven-Eleven's rights. Accordingly, it is not subject to review except in cases of ill-faith, oppression, or vexation, none of which were established. The Commission was not required to observe the audi alteram partem rule at the investigative stage, having provided Seven-Eleven with the 'gist' of the case and an opportunity to be heard, which Seven-Eleven declined to fully utilize. Allegations of bias, malice,…
Source excerpt
- Competition Act
- Administrative Review
- Audi Alteram Partem
- Investigative Vs Adjudicative Function
- Referral Of Complaints
- Bias And Ulterior Motive