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Competition Act, 1998 (Act No. 89 of 1998)

Chapter 4 : Competition Commission, Tribunal and Court

Part C : The Competition Appeal Court

36. Establishment and constitution of Competition Appeal Court

 

(1) There is hereby established a court to be known as the Competition Appeal Court, which—
(a) is a court contemplated in section 166(e) of the Constitution with a status similar to that of a High Court;
(b) has jurisdiction throughout the Republic; and
(c) is a court of record.

 

(2) The Competition Appeal Court consists of at least three judges, appointed by the President on the advice of the Judicial Services Commission, each of whom must be a judge of the High Court.

 

(3) The President must designate one of the judges of the Competition Appeal Court to be Judge President of the Court.

 

(4) The Minister of Justice, after consulting the Judge President of the Competition Appeal Court, may second any number of judges of the High Court to serve as acting judges of the Competition Appeal Court.

 

(5) When the office of Judge President of the Competition Appeal Court is vacant, or when the Judge President is temporarily unable to perform the functions of that office for any reason, the senior judge of the Court must perform the functions of the Judge President.