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South Africa Case Law

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Administrative Law [2016] ZANCT 14

National Credit Regulator v Moneyline Financial Services (Pty) Ltd (NCT/17884/2014/57(1))

National Credit Regulator v Moneyline Financial Services (Pty) Ltd (NCT/17884/2014/57(1)) [2016] ZANCT 14 (11 March 2016)

The Tribunal found that the investigation by the Applicant was initiated on reasonable grounds, specifically information contained in a Sowetan newspaper article, and that the Applicant's internal memorandum provided sufficient evidence of initiation. The Tribunal held that the National Credit Act does not prescribe formal requirements for the initiation of a complaint by the Regulator, and that the application for de-registration under section 57 was not defective for failing to use Form 32, which applies to referrals of prohibited conduct. The Tribunal dismissed the points in limine raised…

  • National Credit Act
  • Administrative Action
  • Initiation Of Complaint
  • Investigation Procedure
  • Referral Requirements
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Competition Law [2011] ZACT 73

South African Breweries and Others v Competition Commision (134/CR/DEC07)

South African Breweries and Others v Competition Commision (134/CR/DEC07) [2011] ZACT 73; [2011] 2 CPLR 403 (CT) (16 September 2011)

The Tribunal dismissed a competition referral, holding it was not founded on the original complaint and therefore fell outside its jurisdiction.

  • Complaint Initiation
  • Jurisdictional Precondition
  • Referral Requirements
  • Amendment Of Initiating Document
  • Price Discrimination
  • Exclusive Territories
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