The question whether a party in the position of the Applicant has the liberty to choose a forum for the purpose of obtaining relief has been addressed in numerous precedent cases.
While it is trite that the High Court has concurrent jurisdiction to hear a matter properly brought before it, the Courts have adopted the view that not all matters brought before them necessarily ought to be entertained by the Courts. The Supreme Court of Appeal, whilst asserting the concurrent jurisdiction of the High Court, has pronounced on a preference for the adjudication, by specialised structures, of matter in respect of which such structures were created specifically to resolve disputes of a particular nature effectively and expeditiously, adding that a court might in such circumstances be entitled to decline to exercise its jurisdiction (see Agri Wire (Pty) Ltd and Another v Commissioner, Competition Commission and Others 2013 (5) SA 484 (SCA).
The case is worth reading in toto.
Any comments would be appreciated.
TONKIN CLACEY PRETORIA
012 346 1278