European Union

South Africa

Control of Anti-competitive Practices in Contractual Licences

[Follow-up question from the EC] Could the Government of South Africa indicate whether plans exist to introduce national legislation to give effects to Article 32(2) of the South African Constitution Act and if not, in what time frame?

South African legal jurisprudence has developed in administrative law, in particular around sections. The legislature, mindful of this fact, enacted section 240 of the Constitution, which provides for a transitional arrangement. Section 23 of Schedule 6(3), it is submitted, empowers the relevant department to enact a legislation in this regard within three years after coming into effect of the Constitution (i.e. February 1997 – February 2000). In view of the above, relevant legislation will be enacted in due course.