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ConCourt dismisses amendment query

2012-06-26 16:48

Johannesburg - The Constitutional Court dismissed an application for leave to appeal by the Competition Commission against a judgment of the Competition Appeal Court (CAC) on Tuesday.

The CAC had overturned a decision of the Competition Tribunal, which allowed the commission to amend its complaint referral against the respondents, who were parties in the industry that manufactures foam products for furniture and car seats.

They are alleged to have engaged in anti-competitive conduct, in breach of certain provisions of the Competition Act.

The commission sought a determination on whether it could amend its complaint referral to include allegations not listed in its original complaint.

It applied to the Supreme Court of Appeal (SCA) and the Constitutional Court for leave to appeal against the CAC decision.

The commission’s application to the CAC for leave to appeal to the SCA is still pending before the CAC.

In the majority judgment, the court held the commission's delay in lodging its application was excessive, and that its explanation for its delay was so manifestly poor, as to amount to almost no explanation at all.

The majority found it was preferable that the matter first go the SCA. Accordingly, the application for leave to appeal was dismissed with costs.