Fasquip Trading CC t/a Woodlands Decor v Singh (NCT /221542/2022/(148)(1)) [2022] ZANCT 33 (8 June 2022)
Court
National Consumer Tribunal
Case number
NCT /221542/2022/(148)(1)
Judges
N. Sephoti, T. Bailey, J. Simpson
The National Consumer Tribunal dismissed an appeal against refusal of condonation for a late answering affidavit, finding no basis to overturn the earlier ruling.
Competition Commission v Seriti New Largo (Pty) Ltd and Another (LM157Dec21/EXT002Apr22) [2022] ZACT 95 (21 April 2022)
Court
Competition Tribunal
Case number
LM157Dec21/EXT002Apr22
Judge
M Mazwai
The Competition Tribunal granted the Competition Commission an extension of the merger investigation period and issued an extension certificate under section 14A.
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)
Court
Competition Appeal Court
Case number
177/CAC/Nov19
Judges
Fisher, Rogers, Mnguni
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…
Mahindra and Another v Ardour Automotive Private Limited (LM143Jan20) [2020] ZACT 86 (19 February 2020)
Court
Competition Tribunal
Case number
LM143Jan20
Judges
Y Carrim, AW Wessels, F Tregenna
The Competition Tribunal approved the merger between Mahindra and Mahindra Limited and Ardour Automotive Private Limited and ordered a clearance certificate.
Nedbank Limited v Van der Walt and Others (NCT/71084/2016/165(1)(P)NCA) [2017] ZANCT 67 (12 May 2017)
Court
National Consumer Tribunal
Case number
NCT/71084/2016/165(1)(P)NCA
Judges
J Simpson, F Manamela, H Devraj
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.
Alexander v Road Accident Fund Appeal Tribunal and Others (29722/12) [2014] ZAGPPHC 4 (16 January 2014)
Court
North Gauteng High Court, Pretoria
Case number
29722/12
Judge
PZ Ebersohn
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.
Pretorius v Compensation Commissioner and Another (A17/2007) [2007] ZAFSHC 128; (2010) 31 ILJ 1117 (O) (15 November 2007)
Court
Free State High Court, Bloemfontein
Case number
A17/2007
Judges
C.J. Musi, C. Van Zyl
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.
Competition Commission of South Africa v Federal Mogul Aftermarket Southern Africa (Pty) Ltd and Others [2001] ZACT 15 (23 April 2001)
Court
Competition Tribunal
Case number
08/CR/B/May01
Judges
N.M. Manoim, D. Lewis, D. Terblanche
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…