Unica Iron and Steel (Pty) Ltd and Another v The Minister of Trade and Industry and Another

The Minister of Trade and Industry and the Manufacturing Development Board instituted action in the Gauteng Division of the High Court against Unica Iron and Steel (Pty) Ltd and its director, Mr Qasim, for repayment of incentive grants paid under the Small Medium Enterprise Development Programme (SMEDP), alleging breach of the grant agreement due to non-compliance with environmental requirements. The appellants challenged, in terms of Rule 7 of the Uniform Rules of Court, the authority of Rudman & Associates Inc to act for the respondents. The High Court granted a declaratory order confirming Rudmans’ authority. The appellants appealed to the Supreme Court of Appeal, formulating by agreement a legal question concerning whether the State Attorney may appoint private attorneys in the same district where the State Attorney has an office.

The appeal was struck off the roll with costs, including the costs of two counsel.

The case reinforces the Supreme Court of Appeal’s duty to independently assess appealability despite leave being granted by a High Court. It affirms the continued relevance of the Zweni test, read with the ‘interests of justice’ standard, under the Superior Courts Act. The judgment also underscores that appellate courts will not entertain abstract or academic legal questions divorced from the factual matrix of a case.