eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/Jul23 CT; IR194Mar22) [2023] ZACAC 3 (28 July 2023)

eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/Jul23 CT; IR194Mar22) [2023] ZACAC 3 (28 July 2023)

The court held that the words 'a further period' in section 49C(5) of the Competition Act do not restrict the Tribunal to granting only one extension of interim relief. The Tribunal retains the power to grant multiple extensions if justified by the circumstances and the requirements of the Act. The court directed the Tribunal to determine eMedia's application for a further extension on the papers filed before the Appeal Court, provided the application is filed by the specified deadline. Pending the Tribunal's determination, MultiChoice is ordered to maintain the status quo and is interdicted from removing the specified channels from the DStv platform. The Tribunal's previous order is...

Citation
[2023] ZACAC 3
Parties
Applicant: eMedia Investments Proprietary Limited; Respondent: Multichoice Proprietary Limited; Respondent: Competition Commission; Respondent: Minister of Trade and Industry and Competition; Respondent: Minister of Justice and Correctional Services
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
28 July 2023
Case Number
248/CAC/Jul23 CT
Procedural Posture
Urgent Application / Court Order Following Urgent Application for Extension of Interim Relief.
Outcome
Application granted. Declaration made regarding interpretation of section 49C(5). Tribunal directed to determine extension application. Status quo maintained pending determination. No order as to costs.
Judges
N. Manoim, D. Davis, V. Nkosi
Legal Topics
Interim Relief, Extension of Tribunal Orders, Interpretation of Statute, Status Quo Orders
Competition Law Civil Procedure Interim Relief Extension of Tribunal Orders Interpretation of Statute Status Quo Orders

Case Brief

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Parties

eMedia Investments Proprietary Limited

Applicant

Multichoice Proprietary Limited

Respondent

Competition Commission

Respondent

Minister of Trade and Industry and Competition

Respondent

Minister of Justice and Correctional Services

Respondent

Procedural Posture

Urgent Application / Court Order Following Urgent Application for Extension of Interim Relief.

Legal Issues

  1. 1 Whether section 49C(5) of the Competition Act restricts the Tribunal to granting only one extension of interim relief.
  2. 2 Whether the Tribunal may consider a further extension application on the papers filed before the Appeal Court.
  3. 3 Whether MultiChoice must maintain the status quo pending the Tribunal's determination.

Ratio Decidendi

The court held that the words 'a further period' in section 49C(5) of the Competition Act do not restrict the Tribunal to granting only one extension of interim relief. The Tribunal retains the power to grant multiple extensions if justified by the circumstances and the requirements of the Act. The court directed the Tribunal to determine eMedia's application for a further extension on the papers filed before the Appeal Court, provided the application is filed by the specified deadline. Pending the Tribunal's determination, MultiChoice is ordered to maintain the status quo and is interdicted from removing the specified channels from the DStv platform. The Tribunal's previous order is...

Court Disposition

Application granted. Declaration made regarding interpretation of section 49C(5). Tribunal directed to determine extension application. Status quo maintained pending determination. No order as to costs.

Orders

  • It is declared that section 49C(5) does not limit the Tribunal to granting only one extension of interim relief.
  • The Tribunal is directed to determine eMedia's application for a further extension on the papers filed before the Appeal Court, provided the application is filed by 16h00 on 31 July 2023.