1 IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CCT CASE NO.: 296/17 In the matter between:
THE COMPETITION COMMISSION OF SOUTH AFRICA Applicant
and
HOSKEN CONSOLIDATED INVESTMENTS LIMITED First Respondent TSOGO SUN HOLDINGS LIMITED Second Respondent
APPLICANTS’ PRACTICE NOTE
1 Name and number of the matter:
1.1 Counsel for the applicant: Dali Mpofu SC: 0112823700
Tembeka Ngcukaitobi: 0112823700
1.2 Counsel for the respondents: Not known.
2 Nature of the appeal/jurisdiction
This is an appeal against a judgment of the Competition Appeal Court.
2 3 The issues on appeal:
3.1 Firstly, whether this Court has jurisdiction to entertain this appeal and whether the Competition Tribunal had jurisdiction to entertain an application for declaratory relief.
3.2 Secondly, whether it was appropriate for the Competition Appeal Court (“CAC”) to substitute its own decision with the discretion of the Tribunal.
3.3 Third, whether the merger is notifiable.
4 Estimated duration of the argument:
Three hours.
5 Parts of the Record that are necessary for the determination of the matter:
It is suggested that the entire record should be read.
6 A summary of the argument
6.1 This matter engages the jurisdiction of this Court and that it is in the interests of justice to grant leave;
6.2 The Tribunal was correct in holding that there is no live dispute between the parties, and hence it was correct to dismiss the application for declaratory relief;
6.3 The CAC committed a misdirection of law when it interfered with the discretion of the Tribunal without satisfying itself of the appropriate
3 legal test for interfering with the discretion of a lower fora;
6.4 In respect of the underlying merits, the transaction between the Respondents is a notifiable merger.
