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

Competition Tribunal Rules

Part 2 - Delivery of Documents

6. Delivery of documents

 

1) A notice or document that is required to be delivered, may be served as provided for in section 76 or in any way permitted in accordance with Table CTR 1.

 

2) Subject to sub-rule (3), a document delivered by a method listed in the second column of Table CTR 1 will be deemed to have been delivered on the intended recipient on the date and at the time shown opposite that method, in the third column of that table.

 

3) If, in a particular matter, it proves impossible to serve a document in any manner provided for in these Rules,—
a) If the Tribunal is required to serve the document, the registrar may apply to the High Court for an order of substituted service;
b) In any other case, the person concerned may apply to the Tribunal for an order of substituted service.

 

4) Subject to Rule 3(2) if the date and time for the delivery of a document referred to in Table CTR 1 is outside of the office hours of the Tribunal as set out in Rule 3(1), that document will be deemed to have been delivered on the next business day.

 

5) A document that is delivered by fax must include a cover page, and a document that is transmitted by electronic mail must accompany a cover message, in either case setting out—
a) The name, address, and telephone number of the sender;
b) The name of the person to whom it is addressed, and the name of that person's attorney, if it is being sent to the attorney for a participant;
c) The date and time of the transmission;
d) The total number of pages sent, including the cover page; and
e) The name and telephone number of the person to contact if the transmission is incomplete or otherwise unsuccessful.

 

6) Despite sub-rule (1) - (5), if, in terms of Rule 8, a filing fee is required in respect of a document that has been filed, that document will be deemed to have been filed—
a) on the date and at the time indicated in Table CTR 1, if the filing fee is paid to the Tribunal within 3 business days of that time; or
b) when the filing fee is paid to the Tribunal, if later.