This was revealed in a written response in parliament on Tuesday, after Democratic Alliance MP Michael Cardo asked economic development minister Ebrahim Patel when this provision under the new Competition Act would take effect.
Patel said the implementation of “section 13 of the Competition Amendment Act … came into effect on the publication of the proclamation in the Government Gazette on 9 June 2016”. That means those guilty of market allocation, collusive tendering and price fixing between competitors could get face severe penalties or jail time.
However, Maphanga Maseko, associate in competition law at TGR Attorneys, said in May that by individualising criminal sanctions, the act - which came into effect on 1 May without the above provisions - appears to be a duplication of enforcement and borders on redundancy.
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