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South Africa Case Law

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Commercial And Corporate [2022] ZACC 28

Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited (CCT 290/20)

Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited (CCT 290/20) [2022] ZACC 28; 2023 (12) BCLR 1535 (CC) (20 July 2022)

Court
Constitutional Court
Case number
CCT 290/20
Judges
Madlanga, Majiedt, Mhlantla, Pillay, Rogers, Tlaletsi, Theron, Tshiqi

The Constitutional Court held that its jurisdiction was engaged due to the alleged denial of access to courts, but found no basis to interfere with the High Court's exercise of discretion in refusing the applicant's supplementary answering affidavit. The High Court correctly rejected the lis pendens defence because the issues in the first and second eviction proceedings were not the same, and the applicant had not properly pleaded its claims. The concession that the lease was on a month-to-month basis was a concession of fact, entitling the respondent to terminate on one month's notice. The a…

Source excerpt

  • Petroleum Products Act
  • Eviction Proceedings
  • Arbitration Stay
  • Contractual Termination
  • Lis Pendens
  • Unfair Contractual Practices
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Administrative Law [2014] ZAGPPHC 257

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Controller of Petroleum Products and Others (7282/2013)

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Controller of Petroleum Products and Others (7282/2013) [2014] ZAGPPHC 257; [2014] 3 All SA 94 (GP) (9 May 2014)

Court
North Gauteng High Court, Pretoria
Case number
7282/2013
Judge
Prinsloo

The court held that the decisions of the Controller and Minister refusing to refer the applicant's dispute to arbitration under section 12B of the Petroleum Products Act were final administrative actions reviewable under PAJA. The Controller erred in law by making findings on the validity of the contract and refusing the referral based on pending litigation, matters outside his statutory powers. The threshold for referral to arbitration under section 12B is low, requiring only an allegation of unfair or unreasonable contractual practice, and does not require an undisputed contract. The court…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Petroleum Products Act
  • Unfair Contractual Practices
  • Arbitration Referral
  • Ministerial Appeal
  • Judicial Review
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.