Siyakhuphuka Investment Holdings (Pty) Ltd v Transnet SOC Ltd and Another

The appellant submitted an unsolicited proposal in 2008 to Transnet National Ports Authority (TNPA), a division of Transnet SOC Ltd, to develop a container terminal at the Port of Richards Bay. The proposal was rejected in 2009. The appellant complained to the Ports Regulator under the National Ports Act (NPA), alleging bias and unfair treatment arising from Transnet’s vertical integration. While that complaint was pending, the appellant lodged a prohibited practice complaint with the Competition Commission alleging abuse of dominance by Transnet, including refusal of access to an essential facility and appropriation of its proposal by Transnet Port Terminals (TPT), a Transnet division and alleged downstream competitor. The Commission issued a notice of non‑referral. The appellant then self‑referred the complaint to the Competition Tribunal. The Tribunal upheld two jurisdictional points in limine raised by Transnet, holding that the matter concerned the exercise of public power under the NPA and fell outside the Tribunal’s jurisdiction, and dismissed the complaint. The appellant appealed to the Competition Appeal Court.

The appeal was upheld. The Competition Appeal Court set aside the Tribunal’s decision upholding the points in limine and dismissing the complaint, and held that the Tribunal had jurisdiction to hear the competition complaint.

The case clarifies the concurrent jurisdiction of competition authorities in regulated sectors and confirms that the exercise of statutory powers does not automatically exclude the application of competition law. It reinforces that competition complaints and public law review proceedings may be pursued in parallel where they enforce different rights.