Daniel Berger SC has two degrees from the University of the Witwatersrand, Johannesburg, a Bachelor of Economic Science (B. Econ.Sc, 1982) and a Bachelor of Laws (LLB, 1985). He was called to the Bar in 1988 and took silk in 2002, at the age of 40. After almost 40 years at the Bar, he has no intention of slowing down.
Daniel has numerous reported judgments to his name, having held several acting appointments as a Judge of the High Court since 2004. He also regularly sits as an arbitrator.
Daniel has appeared in all the courts of our country, including the Constitutional Court, the Supreme Court of Appeal, the various divisions of the High Court, the Labour Appeal, the Labour Court, and the Competition Appeal Court. He practices in the areas of constitutional, administrative, labour, commercial, human rights, delictual, and competition law.
Selected Major Cases:
Constitutional Court
- Certification of the Constitution of the Republic of South Africa, 1996 1996 (4) SA 744 (CC)
- Fose v Minister of Safety and Security 1997 (3) SA 786 (CC)
- Lesbian and Gay Equality Project v Minister of Home Affairs 2006 (1) SA 524 (CC)
- The Citizen 1978 (Pty) Ltd v McBride 2011 (4) SA 191 (CC)
- United Democratic Movement v Lebashe Investment Group (Pty) Ltd 2023 (1) SA 353 (CC)
Supreme Court of Appeal
- Pharmaceutical Society of South Africa v Tshabalala-Msimang and Another NNO 2005 (3) SA 238 (SCA)
- Health Professions Council of South Africa v Emergency Medical Supplies and Training CC t/a EMS 2010 (6) SA 469 (SCA)
- Yarona Healthcare Network (Pty) Ltd v Medshield Medical Scheme 2018 (1) SA 513 (SCA)
- Deltamune (Pty) Ltd v Tiger Brands Ltd 2022 (3) SA 339 (SCA)
- United Democratic Movement v Lebashe Investment Group (Pty) Ltd [2021] 2 All SA 90 (SCA)
Competition Appeal Court
- Medicross Healthcare Group (Pty) Ltd v The Competition Commission [2006] 1 CPLR 1 (CAC)
- Netstar (Pty) Ltd v Competition Commission of South Africa [2011] 1 CPLR 45 (CAC)
- Continental Tyres South Africa (Pty) Ltd v Competition Commission [2018] 2 CPLR 476 (CAC)
- Continental Tyres South Africa (Pty) Ltd v Competition Commission [2018] 2 CPLR 504 (CAC)
- Goodyear South Africa (Pty) Ltd v Competition Commission [2022] 2 CPLR 24 (CAC)