Constitution Amendment Bill Has Potential To Significantly Affect Competition Law In SA

An amendment contained in the Constitution 17th Amendment Bill, which has received little attention thus far, is one which could potentially permanently alter the system of appeal in specialised courts. This amendment, if implemented, will have a dramatic effect on the South African competition law regime.

This is according to Lee Mendelsohn, Director and Head of Department (Competition) at ENS – Africa's largest Law firm, who says the amendment bill has the effect of limiting the Supreme Court of Appeal's powers to adjudicate matters of appeal from certain specialised courts, in particular the Competition Appeal Court.

"If the bill becomes law, the result will be that the Competition Appeal Court and not the Supreme Court of Appeal will become the apex court for all competition-related matters."