The Competition Commission obtained an ex parte search and seizure warrant from Spoelstra J under s46 of the Competition Act 89 of 1998 on 2 August 2000 to search the premises of Pretoria Portland Cement (PPC) and Slagment. The warrant was executed on 3-4 August 2000. The Commission suspected the appellants of monopolistic practices including restrictive horizontal practices, abuse of dominance, and price discrimination. During the search, the Commission invited SABC and e-TV television crews onto the premises without permission, which filmed the proceedings. The Commission also refused to provide the appellants with a copy of the affidavit on which the warrant was based, despite repeated requests, thereby hampering their ability to challenge the warrant in court. The Commissioner gave a media interview in PPC's car park during the search. PPC obtained an interim order from Bertelsmann J halting the search and requiring seized materials to be held by the Registrar. The appellants then sought to set aside the warrants. They cited Spoelstra J as a respondent but Roux J refused leave to do so. Daniels J dismissed the application, and the appellants appealed to the Supreme Court of Appeal.