CCT59/09

[2010] ZACC 6

2012 (4) SA 618 (CC)

2010 (5) BCLR 457 (CC)

Moseneke DCJ

12 November 2009

9 March 2010

http://hdl.handle.net/20.500.12144/3591

Application for leave to appeal against an order of the North Gauteng High Court, Pretoria: SCAW South Africa (Pty) Ltd v The International Trade Administration Commission and Others, North Gauteng High Court, Pretoria, Case No 48829/2008, 5 January 2009, unreported. See also SCAW South Africa (Pty) Ltd v The International Trade Administration Commission and Others North Gauteng High Court, Pretoria, Case No 48829/2008, 16 February 2009, unreported (the judgment in the application for leave to appeal against the order of 5 January 2009)

This was an application for leave to appeal against the granting of an interim interdict in the High Court. The High Court ordered an interim interdict restraining the Minister of Trade and Industry from accepting a recommendation by the applicant and from requesting the Minister of Finance to terminate the existing anti-dumping duty in force against stranded wire, ropes and cables. The interdict also restrained the Minister of Finance from giving effect to the applicant’s request for terminating an existing antidumping duty. This relief was granted pending the final determination of an application to be instituted by the respondent to review and set aside the applicant’s recommendation to terminate the existing anti-dumping duty. After granting leave to appeal the Court found that, in essence, the interim interdict extended the term of the existing anti-dumping duty and prevented its lapsing, thereby overriding mandatory legislative provisions buttressed by international obligations. The court set aside the interim interdict made by the High Court. Judgment: Moseneke DCJ (unanimous)