Competition Act, 1998 (Act No. 89 of 1998)Chapter 4 : Competition Commission, Tribunal and CourtPart C : The Competition Appeal Court38. Business of Competition Appeal Court |
| (1) | The Judge President of the Competition Appeal Court— |
| (a) | is responsible to supervise and direct the work of the Court; |
| (b) | must preside at proceedings of the Court or designate another judge of the Competition Appeal Court to preside at particular proceedings of the Court; and |
| (c) | by notice in the Gazette, may make rules for the proceedings of the Court. |
| (2) | Subject to subsection (2A), the Judge President must assign each matter before the Court to a bench composed of three judges of the Court. |
| (2A) | The Judge President, or any other judge of the Competition Appeal Court designated by the Judge President, may sit alone to consider an— |
| (a) | appeal against a decision of an interlocutory nature, as prescribed by the rules of the Competition Appeal Court; |
| (b) | application concerning the determination or use of confidential information; |
| (c) | application for leave to appeal, as prescribed by the rules of the Competition Appeal Court; |
| (d) | application to suspend the operation and execution of an order that is the subject of a review or appeal; or |
| (e) | application for procedural directions. |
| (3) | The decision of a judge sitting alone in terms of subsection (2A), or of a majority of the bench hearing a particular matter, is the decision of the Competition Appeal Court. |
| (4) | If a judge or any of the judges hearing a matter assigned in terms of subsection (2) is unable to complete the proceedings in that matter, the Judge President must— |
| (a) | direct that the hearing of that matter proceed before the remaining judge or judges to whom the matter was assigned; or |
| (b) | terminate the proceedings before that bench and constitute another bench, which may include a judge to whom the matter was originally assigned, and direct that bench to hear the matter afresh. |
| (5) | A decision of the Competition Appeal Court must be in writing and include reasons for that decision. |