This article relies largely or entirely on a single source .(November 2023) |
Competition Tribunal of South Africa | |
---|---|
Established | 1998 |
Location | dtic campus, 77 Meintjies Street, Sunnyside, Pretoria |
Constitution of South Africa by | Competition Act |
Appeals to | Competition Appeal Court |
Judge term length | 5 years |
Number of positions | 9 |
Annual budget | R 59.7 million |
Website | www |
Chairperson | |
Currently | Mondo Mazwai |
Deputy Chairperson | |
Currently | Liberty Mncube |
The Competition Tribunal (CompTrib) is a court of first instance concerning competition-related matters in South Africa. It is an independent adjudicative body that works in conjunction with the prosecutorial Competition Commission.
The Competition Tribunal was established with the passing of the Competition Act (No. 89 of 1998) along with two other statutory bodies, the Competition Commission and the Competition Appeal Court. [1]
The Competition Tribunal is established in terms of the Competition Act and has jurisdiction in the Republic of South Africa. [1] It is tasked with adjudicating competition-related matters in South Africa, including overseeing large mergers, [1] : 59 interim relief applications, [1] : 131 and complaints relating to prohibited practises. [1] : 25
The Competition Commission can only adjudicate on small and intermediate mergers; for larger mergers, the role of the commission is to investigate and make a recommendation to the Tribunal for adjudication. Further appeals are taken to the Competition Appeal Court, which is a specialised division of the High Court. [1]
In Competition Commission vs Bank of America Merrill Lynch International Designated Activity Company and Others, the Tribunal was referred a case of collusion by the Competition Commission regarding the manipulation of the rand by 28 banking groups. [2] The Tribunal stated that the case can proceed. [3]
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often styled "tribunals." The word tribunal, however, is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.
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Norman Michael Manoim is a South African judge who is currently serving as the Judge President of the Competition Appeal Court. He is also a judge of the Gauteng Division of the High Court of South Africa. Before he was appointed to the bench in 2021, he was the chairperson of the Competition Tribunal for two terms between 2009 and 2019.