Competition Tribunal (South Africa)

Last updated

Competition Tribunal of South Africa
Competition Tribunal of South Africa logo.svg
Established1998;26 years ago (1998)
Location dtic campus, 77 Meintjies Street, Sunnyside, Pretoria
Constitution of South Africa by Competition Act
Appeals to Competition Appeal Court
Judge term length5 years
Number of positions9
Annual budget R  59.7 million
Website www.comptrib.co.za
Chairperson
CurrentlyMondo Mazwai
Deputy Chairperson
CurrentlyLiberty 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.

Contents

History

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]

Mandate

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

Comparison with the Competition Commission

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]

Notable cases

2023

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]

List of chairpersons

Related Research Articles

<span class="mw-page-title-main">Tribunal</span> Person or institution with the authority to judge, adjudicate or determine claims or disputes

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.

Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.

The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

The Ontario Municipal Board (OMB) was an independent administrative board, operated as an adjudicative tribunal, in the province of Ontario, Canada. It heard applications and appeals on municipal and planning disputes, as well as other matters specified in provincial legislation. The tribunal reported to the Ministry of the Attorney General from 2012 until its shuttering. The Board had been criticized for its broad powers and authority to override the Planning Act decisions of municipal councils.

The Inter-State Commission, or Interstate Commission, is a defunct constitutional body under Australian law. The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relating to interstate trade. The Commission was established in 1912, became dormant in 1920, was abolished in 1950, re-established in 1983, and absorbed into the Industry Commission in 1989.

<span class="mw-page-title-main">Independent Communications Authority of South Africa</span>

The Independent Communications Authority of South Africa (ICASA) is an independent regulatory body of the South African government, established in 2000 by the ICASA Act to regulate both the telecommunications and broadcasting sectors in the public interest.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

The Canadian Human Rights Tribunal is an administrative tribunal established in 1977 through the Canadian Human Rights Act. It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the act.

<span class="mw-page-title-main">Tribunals in the United Kingdom</span> Specialist courts in the United Kingdom

In the United Kingdom, a tribunal is a specialist court with jurisdiction over a certain area of civil law. They are generally designed to be more informal and accessible than 'traditional' courts.

<span class="mw-page-title-main">Judiciary of Namibia</span>

The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law.

<span class="mw-page-title-main">National Company Law Tribunal</span> Quasi-judicial body in India

The National Company Law Tribunal is a quasi-judicial body in India that adjudicates issues relating to Indian companies. The tribunal was established under the Companies Act 2013 and was constituted on 1 June 2016 by the government of India and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies.

The Alberta Human Rights Commission (AHRC) is a quasi-judicial human rights commission in Alberta, Canada, created by the provincial government.

The Competition Tribunal is the federal adjudicative body in Canada responsible for cases regarding competition laws under the Competition Act.

The South Australian Employment Tribunal, which also sits as the South Australian Employment Court is a South Australian tribunal empowered to adjudicate on rights and liabilities arising out of employment. It has existed in some form or another since 1912, under various names.

The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals.

<span class="mw-page-title-main">King's Bench Division</span> Division of the English High Court of Justice

The King's Bench Division of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.

The Competition Appeal Court is a specialist South African court that hears appeals from the Competition Tribunal. The court was established by the Competition Act 89, 1998 and has national jurisdiction in matters of South African competition law. Judges of the Competition Appeal Court are judges of the High Court of South Africa and are appointed by the President of South Africa on the advice of the Judicial Service Commission.

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.

References

  1. 1 2 3 4 5 6 "COMPETITION ACT (89 OF 1998)" (PDF).PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. Ryan, Ciaran (2023-11-15). "Standard Chartered settles forex rigging case after eight years in court". Moneyweb. Retrieved 2023-11-29.
  3. "COMPETITION TRIBUNAL OF SOUTH AFRICA: Case No: CR212Feb171" (PDF).
  4. Lewis, David (2012). Thieves at the Dinner Table: Enforcing the Competition Act, a Personal Account. Jacana Media. ISBN   978-1-4314-0370-7.
  5. 1 2 "Competition history as first black female chairperson appointed". News24. 3 August 2019. Retrieved 2024-01-07.

Official website