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

Chapter 4 : Competition Commission, Tribunal and Court

Part B : The Competition Tribunal

26. Establishment and constitution of Competition Tribunal

 

(1) There is hereby established a body to be known as the Competition Tribunal, which—
(a) has jurisdiction throughout the Republic;
(b) is a juristic person;
(c) is a Tribunal of record; and
(d) must exercise its functions in accordance with this Act.

 

(2)
(a) The Competition Tribunal consists of a Chairperson and not less than three, but not more than 14, other women or men appointed by the President, on a full or part-time basis, on the recommendation of the Minister, from among persons nominated by the Minister either on the Minister’s initiative or in response to a public call for nominations, and any other person appointed in an acting capacity in terms of paragraph (b).
(b) The Minister, after consultation with the Chairperson of the Competition Tribunal, may appoint one or more persons who meet the requirements of section 28, as acting part-time members of the Competition Tribunal for such a period as the Minister may determine.
(c) The Minister may re-appoint an acting member at the expiry of that member’s term of office.
(d) Sections 30 to 34 and 54 to 55, read with the changes required by the context, apply to acting members of the Competition Tribunal.

[Section 26(2) substituted by section 21 of Notice 175, GG 42231, dated 14 February 2019]

 

(2) The President must—
(a) appoint the Chairperson and other members of the Competition Tribunal on the date that this Act comes into operation; and
(b) appoint a person to fill any vacancy on the Tribunal.

 

(4) Section 20, read with the changes required by the context, applies to the Competition Tribunal.

 

 


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