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

Rules for the Conduct of Proceedings

Competition Appeal Court Rules

Regulating the Functions of the Competition Appeal Court

Part 9 : Miscellaneous Provisions

29. Procedure for leave to appeal a decision of the Court

 

(1) An application for leave or special leave to appeal to the Constitutional Court or the Supreme Court of Appeal from a decision of the court—
(a) may be—
(i) made before the Court when the decision is handed down, stating the grounds for the proposed appeal; or
(ii) brought on notice stating the grounds for the proposed appeal, within ten business days of the decision that is the subject of the proposed appeal; and
(b) if brought on notice, be delivered to the registrar and to all parties to the proceedings.

 

(2) The Judge President may, on good cause, extend the period within which a notice of appeal is to be delivered.

 

(3) An application for leave to appeal must be considered by all the Judges who sat at the hearing when the decision was made.

 

(4) The judge or judges considering an application under this rule my require oral argument at a time and place of which the registrar will give notice to all the parties.

 

(5) After considering the application, the judge or judges may grant or refuse the application.

 

[Rule 29 inserted by General Notice 1255 dated 18 November 2005]