Employment Equity Act, 1998
R 385
Competition Act, 1998 (Act No. 89 of 1998)NoticesGuidelines on Minority Shareholder Protections7. Discretion |
| 7.1. | Section 79(4) of the Act provides that a guideline issued by the Commission is not binding, but that any person interpreting or applying the Act must take the guideline into account. This means that any person interpreting or applying section 12 of the Act must consider the present Guidelines. |
| 7.2. | The Guidelines present the general methodology that the Commission will follow in assessing whether Minority Shareholder Protections amount to a merger and requires notification to the Commission. Notwithstanding the above, the Guidelines do not fetter the discretion of the Commission to consider other factors on a case-by-case basis should a need arise. |
