Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Competition Act, 1998 (Act No. 89 of 1998)Rules for the Conduct of ProceedingsCompetition Appeal Court RulesRegulating the Functions of the Competition Appeal CourtPart 1 : General ProvisionsDivision A : Interpretation2. Interpretation |
| (1) | A word or expression that is defined in the Act bears the same meaning in these rules as in the Act. |
(2) In these Rules,
| (a) | a reference to a section by number refers to the corresponding section of the Act; |
| (b) | a reference to a rule by number refers to the corresponding item of these Rules; and |
| (c) | a reference to a subrule or paragraph by number refers to the corresponding item of the Rule in which the reference appears. |
| (3) | In these Rules, |
| (a) | "Act" |
means the Competition Act, 1998 (Act No. 89 of 1998) as amended;
[Subrule (3)(a) substituted by General Notice 1255 dated 18 November 2005]
| (b) | "Answer" |
means a document as described in Rule 24 and filed by a respondent;
| (c) | "appellant" |
means a party who initiates an appeal from a decision of the Tribunal;
"business day"
shall mean any day other than Saturday, Sunday or Public holiday and only business days shall be included in the computation of any time expressed in days prescribed by these rules or fixed in any order of court or practice directions;
[Definition inserted by General Notice 1255 dated 18 November 2005]
| (d) | "Commission" |
means the body established by section 19;
| (e) | "Competition Commission Rules" |
means the rules promulgated in terms of the Act for the regulation of the Commission;
| (f) | "Competition Tribunal Rules" |
means the rules promulgated in terms of the Act for the regulation of the Tribunal;
| (g) | "Court", |
depending on the context, means either—
| (i) | the Competition Appeal Court established by section 36; |
| (ii) | a judge of the Court, hearing a matter alone in terms of section 38(2A); or |
| (iii) | the registrar; |
| (h) | "deliver" |
means to file and serve and "delivery" shall have a corresponding meaning;
[Subrule (3)(h) substituted by General Notice 1255 dated 18 November 2005]
| (i) | "Duty Judge" |
means a judge contemplated in Rule 15;
| (j) | "file", |
when used as a verb, means to deposit with the registrar;
| (k) | "High Court Rules" |
means the Rules Regulating the Conduct of the Several Provincial and Local Divisions of the High Court of South Africa, published by Government Notice R48 in Government Gazette 999 of 12 January, 1965, as amended;
| (l) | "Judge President" |
means the Judge President of the Court;
| (m) | "Notice of Appeal" |
means a document as described in Rule 16;
| (n) | "Notice of Motion" |
means a document described in Rule 23;
| (o) | "party", |
when used in respect of particular proceedings before the court, means—
| (i) | the appellant, |
| (ii) | a respondent; or |
| (iii) | in the case of proceedings concerning a merger, the Minister; |
| (p) | "public holiday" |
means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994);
| (q) | "registrar" |
means the officer of the Court appointed in terms of Rule 5, and includes any acting or assistant registrar;
| (r) | "respondent" |
means a party against whom the relief is sought;
| (s) | "Rule" |
includes any Table attached as an annexure, and referred to in a rule;
| (t) | "serve" |
means to serve in accordance with Rule 6, and "service" has a corresponding meaning; and
[Subrule (3)(t) substituted by General Notice 1255 dated 18 November 2005]
| (u) | "Tribunal", |
depending on the context, means either—
| (i) | the body established by section 26; |
| (ii) | a panel convened in terms of section 31(1); |
| (iii) | a member of the Tribunal sitting in terms of section 31(5); or |
| (iv) | the registrar of the Tribunal. |
[Subrule (3)(u) substituted by General Notice 1255 dated 18 November 2005]
