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Competition Act, 1998 (Act No. 89 of 1998)

Chapter 4 : Competition Commission, Tribunal and Court

Part C : The Competition Appeal Court

38. Business of Competition Appeal Court

 

(1) The Judge President of the Competition Appeal Court—
(a) is responsible to supervise and direct the work of the Court;
(b) must preside at proceedings of the Court or designate another judge of the Competition Appeal Court to preside at particular proceedings of the Court; and
(c) by notice in the Gazette, may make rules for the proceedings of the Court.

 

(2) Subject to subsection (2A), the Judge President must assign each matter before the Court to a bench composed of three judges of the Court.

 

(2A) The Judge President, or any other judge of the Competition Appeal Court designated by the Judge President, may sit alone to consider an—
(a) appeal against a decision of an interlocutory nature, as prescribed by the rules of the Competition Appeal Court;
(b) application concerning the determination or use of confidential information;
(c) application for leave to appeal, as prescribed by the rules of the Competition Appeal Court;
(d) application to suspend the operation and execution of an order that is the subject of a review or appeal; or
(e) application for procedural directions.

 

(3) The decision of a judge sitting alone in terms of subsection (2A), or of a majority of the bench hearing a particular matter, is the decision of the Competition Appeal Court.

 

(4) If a judge or any of the judges hearing a matter assigned in terms of subsection (2) is unable to complete the proceedings in that matter, the Judge President must—
(a) direct that the hearing of that matter proceed before the remaining judge or judges to whom the matter was assigned; or
(b) terminate the proceedings before that bench and constitute another bench, which may include a judge to whom the matter was originally assigned, and direct that bench to hear the matter afresh.

 

(5) A decision of the Competition Appeal Court must be in writing and include reasons for that decision.

 

 


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