Sasol Gas Proprietary Limited v The Competition Commission of South Africa and Others

Sasol Gas Proprietary Limited launched an application initially in the Competition Tribunal under case number OTH110Sep22. The application consisted of two parts: Part A and Part B. The application involved the Competition Commission of South Africa, the Industrial Gas Users' Association of Southern Africa, Egoli Gas Proprietary Limited, and the National Energy Regulator of South Africa as respondents. Part A of the application was still pending determination by the Tribunal (reserved), while Part B was sought to be transferred to the Competition Appeal Court.

• Whether Part B of the application should be transferred from the Competition Tribunal to the Competition Appeal Court for determination
• The appropriate procedural directions to be given in relation to the transferred matter

1. Part B of the applicant's application (case number OTH110Sep22) was transferred from the Competition Tribunal to the Competition Appeal Court for determination. 2. A further hearing for procedural directions in terms of section 38(2A)(e) was ordered to be held upon determination by the Tribunal in Part A, or within one calendar month of the order or such further period as determined by the Judge President. 3. No order as to costs.

The Competition Appeal Court has jurisdiction to transfer matters from the Competition Tribunal to its own roll where appropriate for determination. Where an application consists of separate parts (Part A and Part B), the Court may transfer one part to its jurisdiction while another part remains pending before the Tribunal. Procedural directions under section 38(2A)(e) may be deferred pending the outcome of related proceedings in the Tribunal or within a specified timeframe.

This is a procedural order dealing only with the transfer of the matter and procedural directions. The judgment does not contain substantive legal observations or commentary on the merits of the underlying competition law issues between the parties. The order contemplates coordination between the Tribunal's determination of Part A and the subsequent procedural directions for Part B in the Competition Appeal Court.

This case illustrates the procedural framework under the Competition Act for transferring matters between the Competition Tribunal and the Competition Appeal Court. It demonstrates the Court's approach to managing complex competition matters that may have multiple parts requiring determination by different forums, and the application of section 38(2A)(e) for procedural directions in such circumstances.