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South Africa decisions
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Nell v Andre Dreyer Motors (Pty) Ltd t/a Auto Bavaria (NCT/142333/2019/75(1)(b)) [2021] ZANCT 23 (15 June 2021)
The Tribunal found recurring repair issues with a BMW were not properly resolved and ordered Auto Bavaria to refund part of the repair costs under the CPA.
Mothibi v Health Professions Council of South Africa and Others (23432/18) [2021] ZAGPPHC 254 (12 April 2021)
The court found that the appeal tribunal failed to exercise its powers to gather further information and did not require additional medical evidence before making its decision. The tribunal's reliance on its own 'feeling' regarding the applicant's spinal and epilepsy injuries, without obtaining radiology reports or further expert assessments, rendered its decision unreasonable and arbitrary. The tribunal misconceived its jurisdiction by acting outside the powers conferred by the Road Accident Fund Act and PAJA. The decision of the tribunal was therefore reviewed and set aside, and the respond…
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Massmart Holdings Limited v Shoprite Checkers Proprietary Limited; Massmart Holdings Limited v Shoprite Checkers Proprietary Limited and Others (CRP034Jun15/CON211Nov16) [2017] ZACT 34; [2017] 1 CPLR 477 (CT) (22 March 2017)
The Tribunal held it could condone late filing of an amended referral affidavit, found the delay explained and non-prejudicial, and awarded costs to Massmart.
National Credit Regulator v De Klerk (NCT/6210/2012/57(1) (P)) [2013] ZANCT 51 (5 December 2013)
The Tribunal confirmed a settlement agreement as a consent order under the National Credit Act and made no costs order.
Anglo South Africa (Pty) Ltd and Others v The Industrial Development Corporation of South Africa Ltd and Others (24/CAC/Oct02) [2002] ZACAC 4 (15 November 2002)
The Competition Appeal Court set aside a single Tribunal member’s rulings on intervention, confidentiality, and expert appointment in merger proceedings.
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