City Capital SA Property Holdings Limited v Cooper NNO and Others (85 of 2017) [2017] ZASCA 177 (1 December 2017)

Pharmacy Act 53 of 1974 (the Act) – regulation 6(d) of the Regulations relating to Ownership and Licencing of Pharmacies – beneficial interest in community pharmacies and manufacturing companies – revocation of retail and manufacturing licences – definition of ‘beneficial interest’ – constitutional challenge of s 22A of the Act – whether Clicks Group had contravened the Act and licensing regulations because entities within the Clicks Group owned community (retail) pharmacies while at the same time having a beneficial interest in a manufacturing company – Clicks Group has no beneficial interest in the pharmaceutical manufacturing companies – constitutional challenge has no merit.

Constitutional Law – Promotion of Access to Information Act 2 of 2003 – access to report on forensic investigation – fraud and accounting irregularities in public company – ensuing criminal prosecutions – report not subject to legal professional privilege – in any event privileged waived by publication of summary – disclosure of report in the public interest

Insolvency law — order of final sequestration not preceded by provisional order — order not a nullity — valid until set aside by a court of law — no proper case for rescission

Lease – remission and abatement of rent – vis major – subtenant suffering loss of use and enjoyment of leased premises – whether tenant entitled to claim remission – piercing of corporate veil – application of common law principles – whether common law to be developed – appeal dismissed.

Rescission in terms of rule 42(1)(a) of the Uniform Rules of Court of default judgment granted under s 20(9) of the Companies Act 71 of 2008 – no proper case made out.