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ARTICLE · 20 SEPTEMBER 2023

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An Important Judgment On The Time Bar In Relation To B-BBEE Regulations

In Interwaste (Pty) Ltd and others v Broad-based Black Economic Empowerment and others, the Pretoria High Court dealt with an application to review and set aside the final findings...

South AfricaAntitrust/Competition Law

In Interwaste (Pty) Ltd and others v Broad-based Black Economic Empowerment and others, the Pretoria High Court dealt with an application to review and set aside the final findings of the Broad-Based Black Economic Empowerment Commission (the "Commission").

Facts

On 3 February 2021, the Commission issued its final findings following an investigation based on a complaint by the second respondent, Mr Juris Ronny Mekgwe, which he had lodged four and half years before on 17 August 2016. In its final findings, the Commission found that the applicants had committed the offence of fronting and had undermined the objectives of the Broad-Based Black Economic Empowerment Act, 2003 (the "Act").

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