SIBERGRAMME – 2/2009: THE COMPETITION AND CONSTITUTIONAL CONUNDRUM

By Robert Legh Thursday, September 15, 2011
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President Zuma signed the Competition Amendment Bill (the “Bill”) into law. The Bill had been virtually in limbo owing to concerns about its constitutionality. From 2008, the Bill sought to introduce important amendments to the Competition Act (the “Act”).  It was subject to a series of criticisms. The Bill was amended, in part, in response to some of those criticisms. Nevertheless, despite these amendments, various legal opinions were provided to the Presidency which set out why the Bill in its current form was unconstitutional. However, regardless of these criticisms, the Bill was passed by Parliament on 21 October 2008. It was then referred to President Motlanthe (as he then was) for signature. Instead of signing it, in part owing to legal advice the then President received, he referred the Bill back to Parliament on 27 January 2009 because of these constitutional concerns. 

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