Competition Tribunal welcomes member appointments

 

The Competition Tribunal welcomes the appointment of six members to its current complement of five members. The six members comprise four lawyers and two economists. Three have been appointed on a full-time basis, and three are part-time.

Welcoming the new appointments, Tribunal Chairperson, Ms Mondo Mazwai, said: “This is a significant milestone in building necessary capacity in the Tribunal. The members bring diverse experience in litigation, regulation, competition law and economics, constitutional and administrative law, dispute resolution and public service. We welcome the new members and look forward to their contribution as we adjudicate for competitive and inclusive markets in South Africa.”

Members are appointed by the President of the Republic of South Africa on the recommendation of the Minister of the Department of Trade, Industry and Competition.

Full-time members

Prof. Thando Vilakazi is currently a part-time member of the Tribunal since August 2019. He is an Associate Professor of Economics and Head of Academics in the School of Economics at the University of Johannesburg (UJ), and former Executive Director of the Centre for Competition, Regulation and Economic Development (CCRED). He previously worked as an economist at the Competition Commission and has provided teaching and advisory services to competition authorities, regulators, government departments and private enterprises in South Africa and various African countries. Widely published, his research interests include barriers to entry and economic participation, regional integration, competition policy and inclusive growth, and industrial development. He holds a PhD (Economics) from the University of Johannesburg and a Masters (Applied Economics) from the University of Cape Town.

Ms Odie Strydom is an economist specialising in competition economics and policy, with experience across South Africa and the African continent. She has held senior roles at the Competition Commission, KPMG and Bowmans, advising on competition law and economics, merger analysis, investigations and competition policy. She is the founder and managing director of Betweenity, an Africa-focused competition law and policy news and intelligence service covering 64 jurisdictions. She holds, among others, a Master of Philosophy in Futures Studies (cum laude) from the University of Stellenbosch Business School, an Honours (Economics) (cum laude) from the University of the Free State and a postgraduate qualification in Competition Law from the University of the Witwatersrand.

Adv. Mark Morgan is an advocate of the High Court of South Africa with extensive legal experience spanning private practice and judicial service. He has served as an acting judge of the High Court and Labour Court, a Judge’s Associate to former Chief Justice, Mogoeng Mogoeng, and a Commissioner of the Small Claims Court. He is currently a practising advocate at Maisels Chambers III and holds an LLB from the University of Johannesburg and an LLM by research from the University of the Witwatersrand. His primary areas of practice include labour law litigation, general commercial law and constitutional and administrative law litigation.

Part-time members

Ms Lulama Mtanga is an attorney with 20 years of experience specialising in competition law. She began her career in the Legal Services Division of the Competition Commission before joining Bowmans, where she became a partner and served on the firm’s Executive Committee. She is the founder and director of Lulama Mtanga Legal Consultancy, advising public and private sector clients on competition law matters. Her experience includes merger transactions, complaint investigations, leniency applications and appearances before the competition authorities. She holds an LLB from the University of Natal (Durban), BA (Social Sciences) from the University of Cape Town and a postgraduate diploma in European Community Competition Law from King’s College, University of London.

Adv. Dorothy Khosa is a legal practitioner and human resources and labour relations specialist, researcher and policy analyst with more than 20 years of experience in the public sector. Her career spans labour dispute resolution, legal practice, policy development, research and organisational management. She has served in senior roles at the Tshwane University of Technology, the Council for Geoscience and the Department of Labour, and has extensive experience as a panellist and commissioner in mediation, conciliation and arbitration proceedings. Among others, she holds an LLB from the University of South Africa and a Master of Management in Public and Development Management from the University of the Witwatersrand.

Adv. Sejajaa Seshoka is a practising advocate of the High Court with experience in criminal investigations, litigation, arbitration and alternative dispute resolution. He has practiced in all areas of general commercial law, administrative law, labour law, civil law and tax law. He began his career with the Directorate of Special Operations, formerly known as the Scorpions, before joining the South African Revenue Service, where he investigated complex cases involving tax offences, fraud, money laundering and racketeering. He holds an LLB from the University of South Africa, a BTech Degree in Policing from the Tshwane University of Technology and qualifications in public finance and investigative and forensic accounting.

 

Background

The Tribunal is a specialist independent adjudicative body with cross-disciplinary expertise in law and economics, whose function is to hear and decide competition cases involving mergers and prohibited practices (including cartel and abuse of dominance cases).

Members adjudicate matters before the Tribunal and deliver orders and reasons (judgments), akin to a Judge in a High Court. Each Tribunal panel comprises three members who are either economists or lawyers with varied industry, academic and professional experience. Each panel must have at least one lawyer.