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

Regulations

Tribunal Rules for COVID-19 Excessive Pricing Complaint Referrals

5. Urgent complaint referral procedures

 

5.1. A complaint referral for an alleged contravention of section 8(1)(a) of the Act read with Regulation 4 of the Consumer Protection Regulations may be dealt with by the Tribunal on an urgent basis.

 

5.2. An applicant wishing to bring a complaint referral for an alleged contravention of section 8(1)(a) of the Act read with Regulation 4 of the Consumer Protection Regulations must apply to the Tribunal by filing a Notice of Motion and include a founding affidavit.

 

5.3. A complaint referral may be filed by—
5.3.1. the Commission; or
5.3.2. a complainant, as soon as possible after the Commission has issued a Notice of non -referral to that complainant.

 

5.4. A Notice of Motion in terms of this Rule must—
5.4.1 allege a contravention of section 8(1)(a) of the Act read with Regulation 4 of the Consumer Protection Regulations;
5.4.2. indicate the order sought against the respondent(s); and
5.4.3. state the name and any address (electronic or otherwise) of each respondent in respect of whom the order is sought.

 

5.5. A Notice of Motion in terms of this Rule may, inter alia, specify—
5.5.1 the date and the time on which the applicant requests the matter to be heard by the Tribunal; and

 

5.6. The founding affidavit in terms of this Rule must set out—
5.6.1. grounds for urgency; and
5.6.2. material facts or points of law and evidence in support of the complaint referral.

 

5.7 The founding affidavit may include supporting and/or confirmatory affidavits from any factual and expert witnesses.

 

5.8. The applicant must serve a copy of the Notice of Motion and founding affidavit on each of the respondent(s) named in the Notice of Motion and file a copy of the application with the Tribunal.

 

5.9. A respondent who wishes to oppose the Complaint Referral must serve a copy of their Answering Affidavit on the Complainant within 72 hours of service of the Complaint Referral.

 

5.10. The person who filed the Complaint Referral may serve a copy of their Reply within 24 hours after being served a copy of the Answering Affidavit.

 

5.11 The Tribunal shall determine the date and time for the hearing of the complaint referral.

 

5.12. Subject to sub-rule 5.13 of this Rule, Tribunal Rules 6, 16, 17, 18, 19, 47, 54 and 55, each read with the changes required by context, apply to an application under this Rule.

 

5.13. To the extent that the Tribunal Rules referred to in sub-rule 5.12 of this Rule stipulate time frames, those time frames do not apply to an application under this Rule.

 

5.14. The Tribunal may on good cause shown grant condonation for non-compliance with the timelines stipulated in these Rules.

 

5.15. All documents may be filed electronically with the Registrar.