South Africa Case Law

Caxton And CPT Publishers And Printers Limited v Media 24 Proprietary Limited and Others (136/CAC/March 2015)

Caxton And CPT Publishers And Printers Limited v Media 24 Proprietary Limited and Others (136/CAC/March 2015) [2015] ZAWCHC 209 (25 November 2015)

Court

Western Cape High Court, Cape Town

Case number

136/CAC/March 2015

Judges

N P Boqwana, Davis, Rogers

The court found that the new management agreement, when read with Novus's MOI and the Companies Act, subjected all of Retief's powers to the overriding authority of the board. This change eliminated Retief's material influence over Novus's strategic policy, ending the previous joint control arrangement. The transition from joint (or dual) control to sole control by Media 24 constituted a notifiable merger under the Competition Act. The Tribunal erred in focusing on the practical exercise of powers rather than the legal entitlement. The court held that Caxton had a sufficient interest to seek…

Source excerpt

• Merger Notification
• Change Of Control
• Material Influence
• Companies Act Compliance
• Listing Requirements
• Operational Independence

Helen Suzman Foundation v President of the Republic of South Africa and Others; Glenister v President of the Republic of South Africa and Others (CCT 07/14, CCT 09/14)

Helen Suzman Foundation v President of the Republic of South Africa and Others; Glenister v President of the Republic of South Africa and Others (CCT 07/14, CCT 09/14) [2014] ZACC 32; 2015 (1) BCLR 1 (CC); 2015 (2) SA 1 (CC) (27 November 2014)

Court

Constitutional Court

Case number

CCT 07/14, CCT 09/14

Judges

Mogoeng, Moseneke, Cameron, Froneman, Jafta, Khampepe, Leeuw, Madlanga, Nkabinde, Van der Westhuizen, Zondo

The Constitutional Court confirmed invalid parts of the SAPS Amendment Act for undermining DPCI independence, but rejected the broad challenge to its placement within SAPS.

• Adequate Independence
• Anti Corruption Agency
• Structural Independence
• Operational Independence
• Ministerial Policy Guidelines
• Appointment Criteria