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South Africa decisions
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Morake v Karstens and Another (1173/2020) [2022] ZANCHC 27 (9 May 2022)
The High Court found a director in contempt for failing to obey an order to provide company information, imposing a suspended 30-day prison term and costs.
ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil and Gas Corporation of South Africa and Another (A280/2017) [2018] ZAWCHC 7 (1 February 2018)
The court found that Vumela's tender was substantively compliant with the requirements of the PPPFA and the tender specifications. The accreditation and certification attached to the business as an organisation or facility, not to its owner, and Vumela had acquired the accredited business as a going concern. SANAS and the Department of Labour were notified of the change of ownership, and accreditation and certification were subsequently issued in Vumela's name. Any irregularity in the tender process was purely formal and did not detract from the purpose of the relevant provisions. The court h…
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Competition Commission and Federal Mogul Aftermarket Southern Africa (Pty) Ltd Others (08/CR/Feb01) [2003] ZACT 5 (28 January 2003)
The Competition Tribunal found that Federal Mogul reduced a wholesaler’s rebate to enforce a pricing convention, constituting minimum resale price maintenance under section 5(2).
Balkgo's Construction and Another v Greater Temba Representative Council and Others (640/2001) [2002] ZANWHC 41 (5 December 2002)
The court refused to dismiss the plaintiffs’ action for incomplete discovery, finding the non-compliance not sufficiently wilful or prejudicial to justify the harsh sanction.
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