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ARTICLE · 05 DECEMBER 2012

SCA Jurisdiction Ousted In Competition Matters

The Constitution 17th Amendment Bill (the "Bill") was adopted by the National Assembly on Tuesday 20 November 2012, by 276 votes to 25.

South AfricaAntitrust/Competition Law

The Constitution 17th Amendment Bill (the "Bill") was adopted by the National Assembly on Tuesday 20 November 2012, by 276 votes to 25.  Before the Bill comes into operation it must still be referred to the President of South Africa for assent and then published in the Government Gazette.

The amendments to the Constitution of the Republic of South Africa, No. 108 of 1996 (the "Constitution") contained in the Bill are far reaching and will likely have a significant effect on the entire legal system in South Africa.

There are also specific amendments to the appellate regime in competition and labour matters.  In this regard, the Bill removes the jurisdiction of the Supreme Court of Appeal (the "SCA") to hear reviews and appeals from the Competition Appeal Court (the "CAC") and the Labour Appeal Court (the "LAC").

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