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

Chapter 4 : Competition Commission, Tribunal and Court

Part A : The Competition Commission

20. Independence of Competition Commission

 

(1) The Competition Commission—
(a) is independent and subject only to the Constitution and the law; and
(b) must be impartial and must perform its functions without fear, favour, or prejudice.

 

(2) The Commissioner, each Deputy Commissioner and each member of the staff of the Competition Commission, must not—
(a) engage in any activity that may undermine the integrity of the Commission;
(b) participate in any investigation, hearing or decision concerning a matter in respect of which that person has a direct financial interest or any similar personal interest;
(c) make private use of, or profit from, any confidential information obtained as a result of performing that person's official functions in the Commission; or
(d) divulge any information referred to in paragraph (2)(c) to any third party, except as required as part of that person's official functions within the Commission.

 

(3) Each organ of state must assist the Commission to maintain its independence and impartiality, and to effectively carry out its powers and duties.

 

 


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