The Competition Appeal Court is established in terms of section 36 of the 1998 Act. It has status similar to that of a High Court. It has jurisdiction throughout the Republic and is a court of record.
The members of the Appeal Court are appointed by the State President in accordance with section 174 of the Constitution. The Act requires that at least three members must be a judge of the High Court, one of whom must be designated by the President to be the Judge President of the Competition Appeal Court. In addition, two other members, who are South African citizens, have suitable qualifications and experience in economics, law, commerce industry or public affairs; and are committed to the purposes and principles mentioned in section 2 of the Act must be appointed. A member of the Appeal Court can only be removed if he has first been removed as a judge of the High Court and proper relevant procedures had been followed.
The Competition Appeal Court may consider any appeal from, or review of, a decision of the Competition Tribunal; confirm, amend or set aside a decision or an order that is the subject of appeal or review by the Competition Tribunal; and give any judgment or make any order that the circumstances require. Finally, the Competition Appeal Court must confirm an order by the Competition Tribunal for the divestiture of assets by parties who have merged in contravention of chapter 3 of the Act.
