Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 5 - Representation of Parties, Intervenors, Witnesses, and Interpreters47. Intervenors |
1) | At any time after an initiating document is filed with the Tribunal, any person who has a material interest in the relevant matter may apply to intervene in the Tribunal proceedings by filing a Notice of Motion in Form CT 6, which must— |
a) | include a concise statement of the nature of the person's interest in the proceedings, and the matters in respect of which the person will make representations; and |
b) | be served on every other participant in the proceedings. |
2) | No more than 10 business days after receiving a motion to intervene, a member of the Tribunal assigned by the Chairperson must either— |
a) | make an order allowing the applicant to intervene, subject to any limitations— |
i) | necessary to ensure that the proceedings will be orderly and expeditious; |
ii) | on the matters with respect to which the person may participate, or the form of their participation; or |
b) | deny the application, if it concludes that the interests of the person are not within the scope of the Act, or are already represented by another participant in the proceeding. |
3) | Upon making an order in terms of sub-rule (2), the assigned member may make an appropriate order as to costs. |
4) | If an application to intervene is granted— |
a) | the registrar must send to the intervenor a list of all documents filed in the proceedings prior to the day on which the request for leave to intervene was granted; and |
b) | access by an intervenor to a document filed or received in evidence is subject to any outstanding order of the Tribunal restricting access to the document. |