South Africa Case Law

National Consumer Commission v Univision Services Association NPC and Others (618/2017)

National Consumer Commission v Univision Services Association NPC and Others (618/2017) [2018] ZASCA 44 (28 March 2018)

Court

Supreme Court of Appeal

Case number

618/2017

Judges

Navsa, Leach, Seriti, Mocumie, Hughes

The Supreme Court of Appeal held that section 147 of the National Credit Act precludes the National Consumer Tribunal from awarding costs against the Commission in circumstances where the referral was made under section 73(2)(b) of the Consumer Protection Act and subsequently withdrawn. The regulations governing Tribunal procedure cannot be interpreted to broaden the Tribunal's statutory powers or override the explicit limitation imposed by section 147. The distinction between referrals by the Commission and those by complainants is material; only in the latter case does the Tribunal have dis…

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• Costs Awards
• Withdrawal Of Referral
• Consumer Protection Act
• National Credit Act
• Regulatory Powers

Omegalabs (Pty) Ltd v Medicines Control Council and Others (32570/2015)

Omegalabs (Pty) Ltd v Medicines Control Council and Others (32570/2015) [2016] ZAGPPHC 1157 (7 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

32570/2015

Judge

Ngalwana

The court held that the classification of the Dermalex products as 'medical devices' or 'medicines' is a technical matter requiring expertise and is not within the court's proficiency. This function is statutorily assigned to the Medicines Control Council, which is equipped to make such determinations. The absence of regulations under section 35(1)(xxvii) of the Medicines Act does not preclude the Council from exercising its powers, as the enabling Act itself confers the necessary authority. The applicant cannot unilaterally declare its products as 'medical devices' to avoid registration requ…

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• Judicial Deference
• Statutory Interpretation
• Regulatory Powers
• Classification Of Medical Products
• Declaratory Relief

Medical Nutritional Institute (Pty) Limited v Advertisings Standard Authority (15/30142)

Medical Nutritional Institute (Pty) Limited v Advertisings Standard Authority (15/30142) [2015] ZAGPJHC 317 (18 September 2015)

Court

South Gauteng High Court, Johannesburg

Case number

15/30142

Judge

EF Dippenaar

The High Court granted an interim interdict restraining the Advertising Standards Authority from sanctions and adverse publications against a non-member advertiser pending trial.

• Interim Interdict
• Jurisdiction Of Industry Bodies
• Freedom Of Association
• Defamation
• Regulatory Powers
• Advertising Regulation

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05)

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05) [2006] ZASCA 176; [2007] 1 All SA 154 (SCA) (29 September 2006)

Court

Supreme Court of Appeal

Case number

588/05

Judges

Cameron, Nugent, Ponnan, Maya, Theron

The SCA held that the Minister could grant indefinite exemptions under the Act, but could not later cut them down by regulation 10(3).

• Ministerial Exemption Powers
• Retrospective Regulation
• Private Security Industry Regulation Act
• Administrative Action
• Regulatory Powers
• Administrative-law