Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12) [2012] ZACAC 7; [2013] 1 CPLR 26 (CAC) (29 October 2012)
Court
Competition Appeal Court
Case number
118/CAC/APR12
Judges
Swain AJA, Davis JP, Dambuza JA
The Tribunal's refusal to order discovery and production of documents placed before the Competition Commission when it decided to refer the complaint is appealable, as irretrievable prejudice would result if the appellant were denied access to the evidence necessary for a proper review. The referral decision is reviewable under the constitutional principle of legality, requiring objective rationality and reasonable grounds for the decision. The appellant is entitled to the production of the record, meaning all materials, reports, recommendations, and evidence that served before the decision m…