Synopsis:
Constitutionality of two sections of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988. After the Transvaal Provincial Division (TPD) had struck down the impugned sections, the Act had been amended in such a way that the objection to s 7(3) (dealing with search and seizure) had fallen away. Section 8(5)(a) empowered the Minister to prevent, for a period not exceeding 6 months, any unfair business practice which is the subject of an investigation; and attach property related to an investigation. As in Dawood, the absence of guidance on the manner in which the Minister's wide and unfettered powers are to be exercised led the court (per Goldstone J) to the finding that s 33 had been violated. Order of invalidity suspended for 12 months and conditions attached to the exercise of the discretion in the meantime. Potential infringement of ss 22, 25 and 34 not considered.
