those committees makes it clear that the decisions that are contemplated by that clause are decisions relating
to the merits of a complaint, rather than a decision not to hear a complaint at all as in the present case.
Accordingly I do not think that Mars was obliged, nor even entitled, to refer the matter to the Appeal
Committee and in those circumstances the proceedings were not premature.
The appeal is accordingly dismissed with costs which are to include the costs occasioned by the employment of
two counsel.
(Nienaber, Harms, Mthiyane JJA and Chetty AJA concurred in the judgment of Nugent AJA.)
For the appellant:
MM Jansen SC and EC Labuschagne instructed by Adams & Adams, Hatfield, Pretoria
For the respondent:
P Ginsberg SC and DR Harms instructed by SmiedtWitz, Parktown North
Footnotes
1 Also reported at [1999] 4 All SA 331 (A) Ed.