South Africa Case Law

Transnet Soc Limited v Total South Africa (Pty) Ltd and Another (728/2015)

Transnet Soc Limited v Total South Africa (Pty) Ltd and Another (728/2015) [2016] ZASCA 116; 2017 (1) SA 526 (SCA) (14 September 2016)

Court

Supreme Court of Appeal

Case number

728/2015

Judges

Lewis, Theron, Zondi, Schoeman, Makgoka

The Supreme Court of Appeal held that the variation agreement of 1991, embodying the neutrality principle, remains binding on Transnet despite the change in legislative regime. The Petroleum Pipelines Act and NERSA Act do not abrogate the agreement, as NERSA sets maximum tariffs and permits discounting, allowing Transnet to comply with the neutrality principle. Failure to apply the principle would result in unfair discrimination against inland refinery shareholders, contrary to the non-discrimination provisions of the PPA. The court found no incompatibility between the contract and the releva…

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• Contract Enforceability
• Statutory Interpretation
• Tariff Regulation
• Non Discrimination
• Vested Rights

Oceana Group Ltd v V&A Cold Store (Pty) Ltd (77/AM/Jul12)

Oceana Group Ltd v V&A Cold Store (Pty) Ltd (77/AM/Jul12) [2012] ZACT 93 (6 November 2012)

Court

Competition Tribunal

Case number

77/AM/Jul12

Judges

Norman Manoim, Andreas Wessels, Medi Mokuena

The Competition Tribunal conditionally approved Oceana’s acquisition of V&A Cold Store, imposing behavioural conditions to protect access in the Cape Town quayside market.

• Merger Control
• Market Definition
• Remedies And Conditions
• Public Interest
• Capacity Utilisation
• Non Discrimination

Opiconsivia Trading 99 (Pty) Ltd v The Fruitspot Group (55/LM/Jul11)

Opiconsivia Trading 99 (Pty) Ltd v The Fruitspot Group (55/LM/Jul11) [2011] ZACT 111; [2012] 1 CPLR 165 (CT) (20 December 2011)

Court

Competition Tribunal

Case number

55/LM/Jul11

Judges

N Manoim, Y Carrim, A Wessels

The Competition Tribunal approved the merger between Opiconsivia Trading 99 and The Fruitspot Group, subject to conditions protecting small independent retailers.

• Merger Control
• Non Discrimination
• Conditions Of Approval
• Merger-control
• Non-discrimination
• Competition-tribunal-conditions

Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95)

Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 (CCT39/95) [1996] ZACC 4; 1996 (4) BCLR 537; 1996 (3) SA 165 (4 April 1996)

Court

Constitutional Court

Case number

CCT39/95

Judges

Mahomed DP, Chaskalson P, Ackermann J, Didcott J, Kentridge J, Langa J, Madala J, Mokgoro J, O'Regan J, Krieger J, Sachs J

The Court held that section 32(c) of the Constitution does not create a positive obligation on the state to establish educational institutions based on common culture, language, or religion. Rather, it protects the freedom of individuals to establish such institutions, subject to practicability and the prohibition of racial discrimination. The impugned provisions of the Gauteng School Education Bill do not violate constitutional rights, as they do not prevent the establishment of private schools nor do they unlawfully restrict language or religious rights at public schools. The Bill does not…

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• Education Rights
• Language Rights
• Freedom Of Religion
• Non Discrimination
• Minority Protection
• School Admission Policy