Competition Commission v Computicket (Pty) Ltd (853/2013) [2014] ZASCA 185; [2015] 1 CPLR 15 (SCA) (26 November 2014)

Competition Commission v Computicket (Pty) Ltd (853/2013) [2014] ZASCA 185; [2015] 1 CPLR 15 (SCA) (26 November 2014)

The Supreme Court of Appeal held that, following the 17th Constitution Amendment Act, its jurisdiction over competition matters is confined to those specifically contemplated in s 62(2) of the Competition Act. The court found that the interlocutory application for discovery and production of documents did not constitute a 'constitutional matter' under s 62(2)(b), as Computicket's right to a fair hearing and to discovery was not in dispute and the application did not raise a bona fide constitutional question. The court further held that even if the matter were constitutional, s 63(2) of the Act reserves appellate jurisdiction in constitutional matters exclusively for the Constitutional...

Citation
[2014] ZASCA 185
Parties
Applicant: Competition Commission; Respondent: Computicket (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 November 2014
Case Number
853/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal From the Competition Appeal Court
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Brand, Ponnan, Theron, Zondi, Fourie
Legal Topics
Appellate Jurisdiction, Constitutional Matter Definition, Leave to Appeal, Review of Administrative Action
Competition Law Civil Procedure Appellate Jurisdiction Constitutional Matter Definition Leave to Appeal Review of Administrative Action

Case Brief

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Parties

Competition Commission

Applicant

Computicket (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal From the Competition Appeal Court

Legal Issues

  1. 1 Does the Supreme Court of Appeal have jurisdiction to hear appeals from the Competition Appeal Court following the 17th Constitution Amendment Act?
  2. 2 Does the interlocutory application for discovery and production of documents constitute a 'constitutional matter' under s 62(2)(b) of the Competition Act?
  3. 3 Is Computicket entitled to discovery and production of documents forming the basis of the Commission's referral decision?

Ratio Decidendi

The Supreme Court of Appeal held that, following the 17th Constitution Amendment Act, its jurisdiction over competition matters is confined to those specifically contemplated in s 62(2) of the Competition Act. The court found that the interlocutory application for discovery and production of documents did not constitute a 'constitutional matter' under s 62(2)(b), as Computicket's right to a fair hearing and to discovery was not in dispute and the application did not raise a bona fide constitutional question. The court further held that even if the matter were constitutional, s 63(2) of the Act reserves appellate jurisdiction in constitutional matters exclusively for the Constitutional...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed with costs, including the costs of two counsel.