Sasol Gas Proprietary Limited v Competition Commission Of South Africa and Others (212.CAC.Apr23 CT; OTH110Sep22) [2023] ZACAC 5 (5 May 2023)
The Court determined that, subject to the specified conditions, Part B of the applicant’s application should be transferred from the Competition Tribunal to the Competition Appeal Court for determination. The Court further ordered that a hearing for procedural directions would be held either upon the Tribunal’s...
Source-derived case information.
- Citation
- [2023] ZACAC 5
- Parties
- Applicant: Sasol Gas Proprietary Limited; Respondent: Competition Commission Of South Africa; Respondent: Industrial Gas Users’ Association of Southern Africa; Respondent: Egoli Gas Proprietary Limited; Respondent: National Energy Regulator of South Africa
- Court
- Competition Appeal Court
- Jurisdiction
- South Africa
- Case Number
- 212.CAC.Apr23 CT
- Procedural Posture
- Civil Application / Transfer and Procedural Directions
- Outcome
- Part B of the application is transferred to the Competition Appeal Court for determination. A further hearing for procedural directions will be held as specified. No order as to costs.
- Legal Topics
- Jurisdiction of Competition Appeal Court, Transfer of Proceedings, Procedural Directions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sasol Gas Proprietary Limited
Applicant
Competition Commission Of South Africa
Respondent
Industrial Gas Users’ Association of Southern Africa
Respondent
Egoli Gas Proprietary Limited
Respondent
National Energy Regulator of South Africa
Respondent
Procedural Posture
Civil Application / Transfer and Procedural Directions
Legal Issues
- 1 Whether Part B of the application should be transferred from the Competition Tribunal to the Competition Appeal Court for determination.
- 2 What procedural directions should be issued regarding the further hearing of the matter.
Ratio Decidendi
The Court determined that, subject to the specified conditions, Part B of the applicant’s application should be transferred from the Competition Tribunal to the Competition Appeal Court for determination. The Court further ordered that a hearing for procedural directions would be held either upon the Tribunal’s determination of Part A of the application or within one calendar month of the date of the order, or such further period as may be determined by the Judge President. No order as to costs was made, reflecting the absence of opposition and the procedural nature of the application.
Court Disposition
Part B of the application is transferred to the Competition Appeal Court for determination. A further hearing for procedural directions will be held as specified. No order as to costs.
Orders
- Part B of the applicant’s application under case number OTH110Sep22 is transferred to the roll of the Competition Appeal Court for determination.
- A further hearing for procedural directions in terms of section 38(2A)(e) will be held upon a determination by the Tribunal in Part A of the application or within one calendar month of the date of this order or such further period as may be determined by the Judge President.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COMPETITION APPEAL COURT
CAC CASE NO: 212.CAC.Apr23 CT
CASE NO.: OTH110Sep22
In the matter between:
SASOL GAS PROPRIETARY LIMITED Applicant
and
THE COMPETITION COMMISSION OF SOUTH AFRICA First Respondent
INDUSTRIAL GAS USERS’ ASSOCIATION OF
SOUTHERN AFRICA Second Respondent
EGOLI GAS PROPRIETARY LIMITED Third Respondent
THE NATIONAL ENERGY REGULATOR OF SOUTH
AFRICA Fourth Respondent
COURT ORDER
1. Subject to paragraph 2 immediately below, Part B of the applicant’s application launched under case number OTH110Sep22, which was initially launched in the Competition Tribunal (“the Tribunal”), is transferred to the roll of this Court, for this Court’s determination.
2. A further hearing for procedural directions in terms of section 38(2A)(e) will be held, upon a determination by the Tribunal in Part A of the application (currently reserved), or within one calendar month of the date of this order or such further period as may be determined by the Judge President,
3. There is no order as to costs of this application.
DATE: 2023-05-05