In the case of Gensinger and Neave CC & Others v
Minister of Mineral Resources and Energy, the Supreme Court of
Appeal ("the SCA") made certain findings
as to when an entity is affected by administrative decisions. The
court further confirmed the general common law principle that
administrative decisions are suspended until all appeals relating
to the administrative decision are finalised.
Background
The appellants held retail licenses for the sale of petroleum
products in the business district of Matatiele. In May 2019,
another entity successfully applied for a retail license from the
Controller of Petroleum ("the
Controller") to sell petroleum products in
Matatiele.
Aggrieved by the Controller's decision, the appellants
objected to the issuance of the additional retail license but it
was issued despite the objection. Further Aggrieved by this, the CC
launched an appeal to the Minister of Mineral Resources and Energy
("the Minister") against
