Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12)
Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12) [2012] ZACAC 7; [2013] 1 CPLR 26 (CAC) (29 October 2012)
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…
Source excerpt
- Discovery In Review Proceedings
- Jurisdictional Facts
- Constitutional Principle Of Legality
- Administrative Action Exclusion
- Competition Act Section 50
- Rule 14 Privilege