South Africa Case Law

MEC for Department of Community Safety and Transport Management North West v Uniplate Group and Others (M489/15;M512/15)

MEC for Department of Community Safety and Transport Management North West v Uniplate Group and Others (M489/15;M512/15) [2018] ZANWHC 84 (9 March 2018)

Court

North West High Court, Mafikeng

Case number

M489/15;M512/15

Judge

N Gutta

High Court leave-to-appeal ruling in a public procurement review. Leave was refused on timeliness and most grounds, but granted on the tender-award issue and related costs.

• Promotion Of Administrative Justice Act
• Public Procurement
• Judicial Review
• Condonation
• Stakeholder Consultation
• Costs Order

Robert Bosch Retirement Benefit Fund v Kooverjie N.O. and Others (59231/2012)

Robert Bosch Retirement Benefit Fund v Kooverjie N.O. and Others (59231/2012) [2013] ZAGPPHC 455 (3 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

59231/2012

Judge

N Kollapen

The court found that the Appeal Board erred in law by requiring consultation with former members as stakeholders, as the statutory definition of 'stakeholder' was amended after the relevant negotiations and should not be applied retrospectively. However, the court held that the applicant failed to demonstrate adequate consultation and negotiation with pensioners, as there was no evidence that trustees had a considered mandate from those they purported to represent. The absence of meaningful communication and information-sharing with pensioners meant that the requirements of sections 15B and 1…

Source excerpt

• Promotion Of Administrative Justice Act
• Pension Funds Act
• Stakeholder Consultation
• Actuarial Surplus Allocation
• Equitable Distribution

Kenilworth Racing Pty (Ltd) v Gold Circle Pty (Ltd); Thoroughbred Horseracing Trust v Kenilworth Racing Pty (Ltd) (36/AM/Apr12)

Kenilworth Racing Pty (Ltd) v Gold Circle Pty (Ltd); Thoroughbred Horseracing Trust v Kenilworth Racing Pty (Ltd) (36/AM/Apr12) [2013] ZACT 6; [2013] 1 CPLR 117 (CT) (7 February 2013)

Court

Competition Tribunal

Case number

36/AM/Apr12

Judges

Norman Manoim, Yasmin Carrim, Merle Holden

The Tribunal approved a merger in South African horseracing, finding no substantial lessening of competition but imposing a two-year retrenchment condition.

• Merger Control
• Failing Firm Defence
• Market Definition
• Foreclosure
• Public Interest
• Stakeholder Consultation