South Africa Case Law

Janse van Rensburg and Another v Minister of Trade and Industry and Another (CCT13/99)

Janse van Rensburg and Another v Minister of Trade and Industry and Another (CCT13/99) [2000] ZACC 18; 2001 (1) SA 29 ; 2000 (11) BCLR 1235 (CC) (29 September 2000)

Court

Constitutional Court

Case number

CCT13/99

Judges

Goldstone, Chaskalson, Langa, Ackermann, Kriegler, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob, Madlanga

Section 7(3) of the Act, as originally enacted, was rendered moot by subsequent legislative amendment requiring judicial authorisation for searches and seizures. The Court declined to confirm the High Court's declaration of invalidity for section 7(3) as no live controversy remained. Section 8(5)(a) of the Act, however, remains unamended and empowers the Minister to stay business practices and attach assets without procedural fairness, adequate guidance, or prior warning. The section allows for drastic action based on untested allegations, affecting not only those under investigation but also…

Source excerpt

• Just Administrative Action
• Limitation Of Rights
• Unfair Business Practices
• Ministerial Discretion
• Interim Interdicts
• Property Attachment