Competition Amendment Bill: briefing

Meeting report

ECONOMIC AFFAIRS SELECT COMMITTEE
12 April 2000
COMPETITION AMENDMENT BILL: BRIEFING

Documents Handed Out:
Portfolio Committee Amendments to Competition Amendment Bill [B 10A-2000]
Competition Amendment Bill [B 10B-2000]

SUMMARY
The committee reviewed the Competition Amendment Bill and made a few technical changes.

MINUTES
The meeting which was scheduled to commence at 2:00 was delayed due to a lack of members. At 2:15, the Chairperson, Mr M Moosa, asked the clerk to announce over the intercom system for all members to attend the committee. The meeting was further postponed until 2:30 since there was an insufficient number to constitute a quorum.

Mr Moosa said that the attendance rate in the committee was unacceptable. He stated that the work of the committee was extremely crucial, and that members obviously thought that they did not have to attend. He made reference to a previous meeting and how in front of high-level businessmen and officials, they had to call together ANC members from outside the committee just to have a quorum. He said that the committee was an embarrassment to the NCOP.

Mr Moosa said that there was no excuse for members not to attend select committees which took preference over portfolio committees, and if a clash occurs, members have a responsibility to the NCOP first.

Mr Moosa stated he had already delegated most of the work the committee was supposed to handle to joint committees, but threatened to make this committee solely responsible for that work and hold meetings twice weekly. He also suggested that the select committee be dissolved, and that all matters before the committee be decided on by joint committees.

The Chief Whip, Mr M Surty, who was present said he was well aware of the problems that this committee was facing. He stated he was considering two options. First, clustering the select committees into groups. Under this system, the committees would be larger in size, and would cover a wide range of issues. He added the committees would be co-Chaired, with each Chairperson responsible for certain types of legislation within each cluster.

The Chief Whip said that he had been in conversation with the President regarding the matter of increasing the permanent number of NCOP members, which was the second option. The number currently stands at 54.

Once a quorum had been achieved, Mr Moosa (Chairperson) stated there was only one item on the agenda. A briefing by Ms Shalina Rajoo, Deputy Director of Business Regulation and Consumer Services, on the Competition Amendment Bill.

Ms Rajoo informed the committee on why amendments to the Bill were necessary. The Bill seeks to effect changes to the Competition Appeal Court, which has yet to be established. The amendments are a result of certain problems with it's structure. First, that the Constitution had not made reference to which body was responsible for appointing lay members to the Courts. The Bill was amended to remove the category pertaining to lay members. It was decided to remove lay persons since the cases that would come before the Competition Appeal Court would be very technical, and as such lay persons would not have the required expertise.

The second amendment grants power to the Competition Appeals Court to remit a case back to the Competition Tribunal for further hearings.

The third amendment allows for a single judge to make decisions on matters of minor procedural points. This was as a result of anticipated difficulties that would arise from trying to have three judges present for all decisions before the Court.

The committee agreed to amend the following:

37. Functions of Competition Appeal Court
37(1) The Competition Appeal court may -
(a) review any decision of the Competition Tribunal Court; or
(b) consider an appeal from-

It was agreed to amend 37(1)(a) by removing the word "and" and replacing it with "or". The committee felt that "or" was more appropriate in conjunction with "may" in 37(1). It was also thought that a more clear distinction had to be made between the reviewing of a decision and the considering of an appeal.

The committee also amended 37(1)(b) by deleting the entire section and replacing it with:

(b) consider an appeal from the Competition Tribunal in respect of -
(i) any of its final decisions other than a consent order made
in terms of section 63; or
(ii) any of its interim or interlocutory decisions that may, in terms of
this Act, be taken on appeal.

The amended clause was reworded to be more concise in its meaning.

Discussion
Mr Fenyane (ANC) asked whether allowing only one judge to hear a case would create problems? Ms Rajoo responded that single judges would never hear an entire case, but rather make decisions on matters that were peripheral to the heart of the case. The Chair reassured Mr Fenyane stating this was an accepted practice.

The Chair then asked how many matters were pending before the Court? Ms Rajoo stated there were approximately 13 cases before the Tribunal Commission, of which, parties in two cases had shown interest in appealing the decision. The Chair then asked if there was a time-limit on hearing the appeals. Ms Rajoo replied that this would be addressed once the Court was established.

The meeting was adjourned.