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South Africa Case Law

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Civil Procedure [2015] ZANCT 26

Gatyeni v First National Bank (NCT/26057/2015/141(1)-R34)

Gatyeni v First National Bank (NCT/26057/2015/141(1)-R34) [2015] ZANCT 26 (7 August 2015)

The Tribunal refused condonation for a late referral under the National Credit Act, finding that the applicant had no prospects of success on the merits.

  • Condonation
  • Late Filing
  • Good Cause
  • National Credit Act
  • Tribunal Discretion
  • Late-filing
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Competition Law [2007] ZACAC 4

Caxton & CTP Publishes and Printers Ltd v Naspers Ltd and Others (72/CAC/Aug 2007)

Caxton & CTP Publishes and Printers Ltd v Naspers Ltd and Others (72/CAC/Aug 2007) [2007] ZACAC 4 (8 October 2007)

The court held that the Competition Tribunal acted within its powers under section 53(1)(c)(v) of the Competition Act by limiting the scope of Caxton's intervention to specific issues. The Tribunal has a wide discretion to recognise participants and regulate its proceedings, including defining the ambit of intervention to ensure relevance and efficiency. Unlimited intervention would undermine the orderly and expeditious conduct of merger hearings and could result in excessive discovery and delays. The Tribunal's order was neither ultra vires nor an improper exercise of discretion. The review…

  • Merger Control
  • Scope Of Intervention
  • Competition Act Section 53
  • Tribunal Discretion
  • Procedural Fairness
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.