Janse van Rensburg NO v Minister of Trade and Industry NO

The applicants, Janse van Rensburg NO and Omega Trust Power Marketing CC, were subject to an investigation by the Consumer Affairs Committee under the Consumer Affairs (Unfair Business Practices) Act 71 of 1988. Fearing the use of statutory powers against them, they approached the Transvaal High Court seeking to have the entire Act, or alternatively certain provisions, declared unconstitutional. The High Court declared sections 7(3) (search and seizure without judicial authorisation) and 8(5)(a) (interim powers of the Minister to stay practices and attach property pending investigation) unconstitutional. The declaration was referred to the Constitutional Court for confirmation. By the time of confirmation proceedings, section 7(3) had been amended to require a warrant, while section 8(5)(a) remained unchanged.

The declaration of constitutional invalidity in respect of section 7(3) was not confirmed. The declaration of constitutional invalidity in respect of section 8(5)(a) of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988 was confirmed.

The case is significant for clarifying the limits of executive power in consumer protection legislation and affirming that even urgent regulatory measures must comply with constitutional requirements of procedural fairness. It also illustrates the Constitutional Court’s approach to mootness and confirmation proceedings under section 167(5) of the Constitution.