American Natural Soda Ash Corporation and Another v Botswana Ash (Pty) Ltd and Others

The applicants, American Natural Soda Ash Corporation and CHC Global (Pty) Ltd, were involved in competition complaint proceedings before the Competition Tribunal initiated by the Competition Commission. Botswana Ash (Pty) Ltd participated as an intervenor, represented by Webber Wentzel Bowens. The applicants sought the disqualification of Botswana Ash as an intervenor and of its legal representatives on the basis of alleged 'side-switching' and breach of confidentiality by Mr Dingley, a former employee of the Competition Commission who later joined Webber Wentzel Bowens. The Tribunal refused the disqualification application. An appeal to the Competition Appeal Court (CAC) was dismissed. The present matter concerned an application for leave to appeal to the Supreme Court of Appeal against the CAC’s earlier dismissal.

The application for leave to appeal to the Supreme Court of Appeal was dismissed with costs, including the costs of two counsel.

The case is significant for clarifying the stringent standard of special leave to appeal from the Competition Appeal Court, reinforcing the CAC’s role as the final appellate forum in competition matters except in exceptional cases. It also provides guidance on disqualification applications based on alleged side-switching and confidentiality in competition litigation, discouraging tactical interlocutory challenges that may delay proceedings.