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

Rules for the Conduct of Proceedings

Competition Appeal Court Rules

Regulating the Functions of the Competition Appeal Court

Part 5 : Procedure on Appeal

20. Contents of Appeal Record

 

(1) Every copy of the Appeal Record must—
(a) be clearly typed or printed in double spacing on A4 standard paper;
(b) be paginated;
(c) be numbered on every tenth line, beginning the numbering afresh on each page;
(d) be securely bound in suitable covers disclosing the names of the parties and the names of the representatives of the parties;
(e) be divided into separate conveniently-sized volumes;
(f) include the decision and written reasons given by the Tribunal;
(g) contain a correct and complete index of the evidence and of all the documents and exhibits in the case, the nature of the exhibits being briefly stated in the index; and
(h) contain only those documents that were referred to in the Tribunal proceedings.

 

(2) The Appeal Record must not include—
(a) more than one copy of a document; or
(b) any of the following procedural documents, unless they affect the merits of the appeal:
(i) Copies of subpoenas.
(ii) Notices of hearing.
(iii) Consents to postponement.
(iv) Schedules of documents.
(v) Notices to produce or permit inspection.
(vi) Other documents of a formal nature.
(vii) Opening addresses.
(viii) The record of oral argument.
(ix) Heads of argument before the Commission and/or the Tribunal.

[Subrule (2)(b)(ix) substituted by General Notice 1255 dated 18 November 2005]

 

(3) The  Appeal Record must include a statement listing any documents referred to in subrule (2) that are excluded from the Appeal Record.

 

(4) The documents that were referred to in the Tribunal proceedings must be arranged in chronological order.

 

(5) The record of the evidence of any witness must contain references to the bundle of documents in the Tribunal and to documents in the Tribunal and to documents contained in the Appeal Record.

 

(6) The costs of preparing copies of the Appeal Record are part of the costs of appeal.

 

(7) The registrar may refuse to accept an Appeal record that does not, in the registrar’s opinion, comply with the provisions of this Rule.