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South Africa Case Law

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Competition Law [2006] ZACAC 8

Omnia Fertilizer Limited v Competition Commission and Others; Sasol Chemical Industries Limited v Competition Commission and Others

Omnia Fertilizer Limited v Competition Commission and Others; Sasol Chemical Industries Limited v Competition Commission and Others [2006] ZACAC 8; [2006] ZACAC 2 (28 April 2006)

The Competition Appeal Court held that section 50(4)(a) of the Competition Act does not limit the Commission and a complainant to a single extension of the investigation period. Multiple extensions are permissible provided each is agreed before the expiry of the previous period. The use of the singular 'period' is not decisive, and the Interpretation Act allows singular words to include the plural unless the contrary intention appears. The Court found that the second complaint was not identical to the first; it included new facts, implicated additional parties, and addressed new contravention…

  • Referral Of Complaints
  • Extension Of Investigation Period
  • Functus Officio
  • Res Judicata
  • Statutory Interpretation
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Competition Law [2002] ZASCA 141

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,…

  • Competition Act
  • Administrative Review
  • Audi Alteram Partem
  • Investigative Vs Adjudicative Function
  • Referral Of Complaints
  • Bias And Ulterior Motive
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.