Goodyear South Africa (Pty) Ltd v Competition Commission and Others

Ms Yasmin Carrim resigned as a member of the Competition Tribunal while serving on a panel hearing a complaint referred by the Competition Commission. After her resignation took effect, questions were raised by parties, including Goodyear South Africa (Pty) Ltd, about whether she could lawfully continue to participate in the proceedings. The Chairperson of the Tribunal ruled that Ms Carrim could continue, as she was willing and able to complete the hearing. Goodyear appealed this ruling to the Competition Appeal Court, arguing that the Competition Act did not permit a resigned Tribunal member to continue participating in proceedings.

The appeal was dismissed. Goodyear South Africa (Pty) Ltd was ordered to pay the Competition Commission’s costs, including the costs of two counsel.

This case clarifies the interpretation of sections 29, 31, and 33 of the Competition Act and confirms that a resigned Tribunal member may, in appropriate circumstances, lawfully continue participating in pending proceedings. It promotes efficiency and continuity in Competition Tribunal hearings and affirms a purposive, contextual approach to statutory interpretation in South African competition law.