South Africa Case Law

Minister of Cooperative Governance and Traditional Affairs and Another v British American Tobacco South Africa (Pty) Ltd and Others (309/21)

Minister of Cooperative Governance and Traditional Affairs and Another v British American Tobacco South Africa (Pty) Ltd and Others (309/21) [2022] ZASCA 89; [2022] 3 All SA 332 (SCA) (14 June 2022)

Court

Supreme Court of Appeal

Case number

309/21

Judges

Maya, Zondi, Van der Merwe, Schippers, Molefe

The Supreme Court of Appeal held that Regulation 45, which prohibited the sale of tobacco and related products during the COVID-19 lockdown, constituted an unjustifiable limitation of several constitutional rights, including dignity, bodily and psychological integrity, freedom of trade, and property. The Minister failed to establish, on objective evidence, that the regulation was strictly necessary to achieve its stated purpose of reducing strain on the health system. The scientific evidence was inconclusive regarding the link between smoking and severe COVID-19 outcomes, and the ban was inef…

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• Disaster Management Act
• Bill Of Rights Limitation
• Regulatory Ultra Vires
• Trade Restrictions
• Property Deprivation
• Costs In Constitutional Litigation

Recycling and Economic Development Initiative of South Africa NPC and Another v Broadcasting Complaints Commission of South Africa (21662/2016)

Recycling and Economic Development Initiative of South Africa NPC and Another v Broadcasting Complaints Commission of South Africa (21662/2016) [2016] ZAGPJHC 319 (18 November 2016)

Court

South Gauteng High Court, Johannesburg

Case number

21662/2016

Judge

E F Dippenaar

Sub-rule 3.9 of the Broadcasting Complaints Commission's procedural rules is inconsistent with section 192 of the Constitution, as it requires complainants to waive their right to institute civil proceedings against broadcasters before their regulatory complaints are considered. This operates against the public interest and fairness, unduly favours broadcasters, and constitutes an unreasonable and unjustifiable limitation on the constitutional right of access to courts. The rule is irrational and ultra vires the empowering statute. The Chairperson's decision to require such a waiver is invali…

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• Access To Courts
• Regulatory Ultra Vires
• Broadcasting Regulation
• Public Interest
• Promotion Of Administrative Justice Act

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (562/2015)

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (562/2015) [2016] ZASCA 139; [2016] 4 All SA 761 (SCA) (29 September 2016)

Court

Supreme Court of Appeal

Case number

562/2015

Judges

Maya, Theron, Wallis, Zondi, Schoeman

The Supreme Court of Appeal held that KwaZulu-Natal municipalities must associate with the respondent pension funds, and may not use the appellant fund instead.

• Compulsory Association
• Municipal Pension Funds
• Provincial Legislation Interpretation
• Regulatory Ultra Vires
• Freedom Of Association
• Municipal-pension-funds

Buzbee (Proprietary) Limited v Registrar of Patents and Anoter (2002/8482, A644/08)

Buzbee (Proprietary) Limited v Registrar of Patents and Anoter (2002/8482, A644/08) [2010] ZACCP 4; 2010 BIP 42 (CP) (14 April 2010)

Court

Court of the Commissioner of Patents

Case number

2002/8482, A644/08

Judge

Ebersohn

The court upheld a Registrar’s extension of time to file a counterstatement in patent revocation proceedings and held that Regulation 90(1)’s deeming provision was invalid.

• Patent Revocation
• Extension Of Time
• Regulatory Ultra Vires
• Default Judgment
• Ministerial Powers
• Patent-revocation