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South Africa Case Law

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Civil Procedure [2023] ZACONAF 6

Kwazulu Natal Consumer Protector and Another v Container Box Solutions (KZNCT04/2023)

Kwazulu Natal Consumer Protector and Another v Container Box Solutions (KZNCT04/2023) [2023] ZACONAF 6 (31 May 2023)

The KwaZulu-Natal Consumer Tribunal granted substituted service after the Applicant showed conventional service attempts on the Defendant had failed.

  • Substituted Service
  • Service Of Process
  • Consumer Protection Act Kzn
  • Tribunal Procedure
  • Substituted-service
  • Service-of-process
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Civil Procedure [2022] ZANCT 33

Fasquip Trading CC t/a Woodlands Decor v Singh (NCT /221542/2022/(148)(1))

Fasquip Trading CC t/a Woodlands Decor v Singh (NCT /221542/2022/(148)(1)) [2022] ZANCT 33 (8 June 2022)

The National Consumer Tribunal dismissed an appeal against refusal of condonation for a late answering affidavit, finding no basis to overturn the earlier ruling.

  • Condonation
  • Audi Alteram Partem
  • Late Filing Of Affidavit
  • Tribunal Procedure
  • Late-filing
  • Tribunal-procedure
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Competition Law [2022] ZACT 95

Competition Commission v Seriti New Largo (Pty) Ltd and Another (LM157Dec21/EXT002Apr22)

Competition Commission v Seriti New Largo (Pty) Ltd and Another (LM157Dec21/EXT002Apr22) [2022] ZACT 95 (21 April 2022)

The Competition Tribunal granted the Competition Commission an extension of the merger investigation period and issued an extension certificate under section 14A.

  • Merger Investigation Period Extension
  • Section 14a Application
  • Tribunal Procedure
  • Competition-law
  • Merger-control
  • Tribunal-procedure
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Competition Law [2021] ZACT 97

Nedbank Limited v Erf Sandown Proprietary Limited (LM058Aug21)

Nedbank Limited v Erf Sandown Proprietary Limited (LM058Aug21) [2021] ZACT 97 (27 September 2021)

The Competition Tribunal approved Nedbank Limited’s merger with Erf Sandown Proprietary Limited and ordered a Merger Clearance Certificate.

  • Merger Clearance
  • Competition Act Section 16
  • Merger Notification
  • Tribunal Procedure
  • Competition-law
  • Merger-clearance
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Competition Law [2020] ZACAC 5

Competition Commission of South Africa v Beefcor (Pty) Ltd and Another (177/CAC/Nov19)

Competition Commission of South Africa v Beefcor (Pty) Ltd and Another (177/CAC/Nov19) [2020] ZACAC 5; [2020] 2 CPLR 507 (CAC); [2021] HIPR 178 (CAC) (3 August 2020)

The court held that once the Competition Commission refers a complaint to the Tribunal, the Tribunal acquires jurisdiction and the respondent is subjected to the process. Withdrawal of the complaint referral, effected by the prescribed CT8 form, brings the proceedings to an end and constitutes 'completed proceedings' under section 67(2) of the Competition Act. This interpretation aligns with constitutional protections against double jeopardy, ensuring finality and fairness for respondents. The Commission cannot reinstate or re-refer the same complaint after withdrawal, as this would allow rep…

  • Double Jeopardy
  • Withdrawal Of Complaint
  • Competition Act Section 67
  • Tribunal Procedure
  • Statutory Interpretation
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Competition Law [2020] ZACT 86

Mahindra and Another v Ardour Automotive Private Limited (LM143Jan20)

Mahindra and Another v Ardour Automotive Private Limited (LM143Jan20) [2020] ZACT 86 (19 February 2020)

The Competition Tribunal approved the merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited and ordered a clearance certificate.

  • Merger Clearance
  • Competition Act Section 16
  • Merger Notification
  • Tribunal Procedure
  • Competition-law
  • Merger-clearance
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Civil Procedure [2017] ZANCT 67

Nedbank Limited v Van der Walt and Others (NCT/71084/2016/165(1)(P)NCA)

Nedbank Limited v Van der Walt and Others (NCT/71084/2016/165(1)(P)NCA) [2017] ZANCT 67 (12 May 2017)

The Tribunal dismissed Nedbank’s application to vary a prior debt rearrangement order after no party appeared at the hearing, finding proper notice had been given.

  • National Credit Act
  • Debt Rearrangement
  • Tribunal Procedure
  • Non Appearance
  • Variation Of Order
  • National-credit-act
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Civil Procedure [2014] ZAGPPHC 4

Alexander v Road Accident Fund Appeal Tribunal and Others (29722/12)

Alexander v Road Accident Fund Appeal Tribunal and Others (29722/12) [2014] ZAGPPHC 4 (16 January 2014)

The court ordered production of missing tribunal records and notes under Rules 35(12) and 53(3), finding the respondents had not adequately explained their absence.

  • Rule 53 Review
  • Rule 35 Document Production
  • Tribunal Procedure
  • Record Of Proceedings
  • Discovery Of Evidence
  • Rule-53-review
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Labour Law [2007] ZAFSHC 128

Pretorius v Compensation Commissioner and Another (A17/2007)

Pretorius v Compensation Commissioner and Another (A17/2007) [2007] ZAFSHC 128; (2010) 31 ILJ 1117 (O) (15 November 2007)

The High Court set aside a compensation tribunal decision and remitted the matter for a fresh enquiry into the appellant’s disablement and equitable award.

  • Compensation For Occupational Injuries
  • Disablement Assessment
  • Tribunal Procedure
  • Equitable Award
  • Pain And Suffering Exclusion
  • Compensation-for-occupational-injuries
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Competition Law [2001] ZACT 15

Competition Commission of South Africa v Federal Mogul Aftermarket Southern Africa (Pty) Ltd and Others

Competition Commission of South Africa v Federal Mogul Aftermarket Southern Africa (Pty) Ltd and Others [2001] ZACT 15 (23 April 2001)

The Tribunal found no procedural or substantive impediment to ordering the joinder of respondents in complaint referral proceedings. Tribunal Rule 45(1) is not limited to complainants, and the omission of a rule equivalent to High Court Rule 10(3) does not evidence a legislative intent to exclude respondent joinder. The Tribunal's empowering statute and rules grant it broad discretion to regulate its own procedure, including joinder, in the interests of convenience, equity, and avoidance of multiplicity of actions. Public notice requirements do not preclude joinder, as the purpose of notice i…

  • Joinder Of Parties
  • Tribunal Procedure
  • Complaint Referral
  • Public Notice Requirements
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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.