| (1) |
The Chairperson is responsible to manage the caseload of the Competition Tribunal, and must assign each matter referred to the Tribunal to a panel composed of any three members of the Tribunal. |
| (2) |
When assigning a matter in terms of subsection (1), the Chairperson must— |
| (a) |
ensure that at least one member of the panel is a person who has legal training and experience; |
| (b) |
ensure that no more than one member of the panel is an acting member appointed in terms of section 23(2)(b); and |
| (c) |
designate a member of the panel to preside over the panel's proceedings. |
[Section 31(2) substituted by section 22(a) of Notice 175, GG 42231, dated 14 February 2019]
| (3) |
If, because of withdrawal from a hearing in terms of section 32, resignation, illness or death, a member of the panel is unable to complete the proceedings in a matter assigned to that panel, the Chairperson must— |
| (a) |
direct that the hearing of that matter proceed before any remaining members of the panel subject to the requirements of subsection (2)(a); or |
| (b) |
terminate the proceedings before that panel and constitute another panel, which may include any member of the original panel, and direct that panel to conduct a new hearing. |
| (4) |
The decision of a panel on a matter referred to it must be in writing and include reasons for that decision. |
| (5) |
The Chairperson of the Competition Tribunal, or another member of the Tribunal assigned by the Chairperson, sitting alone, may make an order of an interlocutory nature that, in the opinion of the Chairperson, does not warrant being heard by a panel comprised of three members, including— |
| (b) |
condoning late performance of an act that is subject to a prescribed period in terms of this Act. |
| (c) |
granting access to information contemplated in sections 44 to 45A and any conditions that must be attached to the access order; and |
| (d) |
compelling discovery of documents; |
[Section 31(5) substituted by section 22(b) of Notice 175, GG 42231, dated 14 February 2019]
| (6) |
A decision of the Chairperson or other person contemplated in subsection (5), or of a majority of the members of a panel in any other matter, is the decision of the Tribunal. |
[Section 31(6) substituted by section 13 of Notice No. 1354, GG 21880, dated 13 December 2000]
Contingency Fees Act, 1997
