SA Metal Group (Proprietary) Limited v The International Trade Administration Commission and Another

SA Metal Group (Pty) Ltd, a major scrap metal exporter, applied in October 2014 for ten export permits for specific consignments of scrap metal, seeking exemption from a government-imposed price preference system that required scrap to be offered locally at discounted prices before export. The system arose from a ministerial directive under the International Trade Administration Act 71 of 2002, aimed at protecting the domestic scrap-processing industry. SA Metal argued that applying the price preference system conflicted with South Africa’s obligations under the GATT. ITAC refused the exemptions and permits. SA Metal unsuccessfully reviewed that decision in the Western Cape High Court and appealed to the Supreme Court of Appeal. By the time the appeal was heard, the export periods (November 2014–January 2015) had long passed.

The appeal was dismissed under s 16(2)(a)(i) of the Superior Courts Act 10 of 2013, with costs, including the costs of two counsel, save for the costs relating to ITAC’s abandoned application to adduce further evidence on appeal.

The case reaffirms the application of mootness in South African appellate practice and clarifies the scope of s 16(2)(a)(i) of the Superior Courts Act. It underscores that appeals concerning time-bound administrative decisions will be dismissed if they no longer have practical effect, and that litigants are bound by the specific relief they seek. The judgment also highlights the limited circumstances in which courts will decide moot issues on grounds of public interest.