Post Office Retirement Fund v South African Post Office SOC Ltd and Others (1134/2020) [2021] ZASCA 186 (30 December 2021)

Contract – approach to interpretation – good faith – consent as
a requirement for the sale of shares – past conduct as a guide to
interpretation – parol evidence rule – good faith at common law –
independent source of contractual obligation – orders requiring the grant
of consent.

Disaster Management Act 57 of 2002 (DMA) – decisions and regulations
made during state of national disaster under the DMA – policy decisions of the National
Coronavirus Command Council, a cabinet committee comprising of the entire cabinet,
not justiciable because they had no legal effect – regulations made in terms of the
DMA (the level 4 regulations) made in a procedurally fair manner, alternatively in a
rational decision-making process – Minister of Co-operative Governance and
Traditional Affairs applied her mind to representations received from members of the
public – with two exceptions, the level 4 regulations found to be reasonable and
justifiable limitations of fundamental rights – reg 16(2)(f), which permitted only limited
forms of exercise during the level 4 lockdown, and items 1 and 2 of Part E of Table 1,
read with reg 28(3), which prohibited the over-the-counter sale of hot food, declared
to be invalid to the extent of their conflict with the Constitution – challenge to directions
made by the Minister of Trade, Industry and Competition moot.

National Credit Act 34 of 2005 – section 141(1)(b) – power of
National Consumer Tribunal to grant leave to refer a complaint directly to it
when National Credit Regulator has issued a notice of non-referral – nature of
proceeding – section does not require formal application nor public hearing –
factors to be considered by Tribunal – Tribunal has wide discretion – decision
to grant leave to refer directly not appealable in terms of section 148(2)