Sasol Gas (Pty) Ltd v Competition Commission of South Africa and Others

Sasol Gas (Pty) Ltd launched an application before the Competition Tribunal under case number OTH110Sep22. The application was divided into Part A and Part B. Part A remained reserved before the Tribunal, while Part B concerned issues that Sasol Gas sought to have determined by the Competition Appeal Court. The respondents included the Competition Commission, the Industrial Gas Users’ Association of Southern Africa, Egoli Gas (Pty) Ltd, and the National Energy Regulator of South Africa. The matter before the Competition Appeal Court was procedural in nature and concerned whether Part B of the application should be transferred from the Tribunal to the Competition Appeal Court for determination.

Part B of the application was transferred from the Competition Tribunal to the Competition Appeal Court, subject to the conditions set out in the order. A further hearing for procedural directions was directed. No order as to costs was made.

The order is procedurally significant in clarifying the Competition Appeal Court’s supervisory and case-management role over matters involving overlapping or sequential proceedings with the Competition Tribunal. It illustrates the practical application of section 38(2A)(e) of the Competition Act and the coordination of jurisdiction between competition institutions.