IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CC Case No: ______________
CAC Case No: 140/CAC/MAR16
In the matter between:
S.O.S SUPPORT PUBLIC BROADCASTING COALITION First Applicant
THE TRUSTEES FOR THE TIME BEING OF
THE MEDIA MONITORING PROJECT BENEFIT TRUST Second Applicant
CAXTON AND CTP PUBLISHERS AND PRINTERS LIMITED Third Applicant
and
SOUTH AFRICAN BROADCASTING CORPORATION
(SOC) LIMITED First Respondent
MULTICHOICE (PROPRIETARY) LIMITED Second Respondent
THE COMPETITION COMMISSION Third Respondent
NOTICE OF MOTION
KINDLY TAKE NOTICE that the applicants apply to this Court for an order in the following terms:
1 The applicants are granted leave to appeal to this Court against the whole of the judgment and order of the Competition Appeal Court (“CAC”) handed down on 28 April 2017, under case number 140/CAC/MAR16.
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2 The appeal is upheld and the CAC’s order of 28 April 2017 is set aside and replaced with an order in the following terms:
2.1 It is declared that, on a proper interpretation of the order handed down by the CAC on 24 June 2016 (“the June 2016 order”), the Competition Commission is permitted to exercise its non-coercive and coercive investigative powers in terms of Part B of Chapter 5 of the Competition Act 89 of 1998 (“the Competition Act”) for purposes of discharging its obligations under paragraph 3 of the June 2016 order;
2.2 Alternatively, the CAC’s June 2016 order is varied to provide that the Competition Commission is permitted to exercise the aforesaid non- coercive and coercive investigative powers; and
2.3 The Competition Commission is directed to file its report with the Competition Tribunal, as contemplated in paragraph 3 of the CAC’s June 2016 order, within 30 court days of this order.
3 The applicants are granted leave, to the extent necessary, in terms of Rule 31 of the Rules of this Court, to introduce the evidence of the statements made by Minister Ayanda Dlodlo and Mr Vincent Smith on 17 May 2017, before the Parliament’s Standing Committee on Public Accounts.
4 The SABC and MultiChoice are required, jointly and severally, to pay the costs of this application and the October 2016 urgent application in the CAC, the one paying the other to be absolved, including the costs of two counsel.
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TAKE NOTICE FURTHER that the accompanying affidavit of WILLIAM ROBERT BIRD, together with annexures and supporting affidavits, will be used in support of this application.
TAKE NOTICE FURTHER that the applicants will accept notice and service of all documents in these proceedings at the address of their attorneys set out below.
TAKE NOTICE FURTHER that in accordance with Rule 19(4) of this Court’s Rules you
may respond to this application in writing within 10 days from the date upon which it is lodged indicating —
(a) whether or not this application is opposed and, if so, the grounds of opposition;
(b) an address at which you will accept notice and service of all documents in these proceedings.
DATED at SANDTON on this the __________ day of MAY 2017.
__________________
NORTONS INCORPORATED
Applicants' attorneys 135 Daisy Street Sandton Johannesburg Tel: 011 666 7560 E-mail: [email protected] [email protected] Ref: Mr A Norton I Ms M Rawlinson
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TO: THE REGISTRAR
Constitutional Court of South Africa Johannesburg
AND TO: WERKSMANS ATTORNEYS Second Respondent's Attorneys 155 5th Street
Sandton
Tel: (011) 535 8101 / 011 535 8229 E-mail: [email protected] / [email protected]
AND TO: CLIFFE DEKKER HOFMEYR First Respondent's Attorneys 1 Protea Place
Cnr of Fredman Drive and Protea Place Sandton
Tel: (011) 562 1092 Ref: Mr A Le Grange
E-mail: [email protected]
AND TO: THE COMPETITION COMMISSION Third Respondent
Block C, DTI Campus 77 Meintjies Street Sunnyside
Pretoria
Email: [email protected] / [email protected] /
