Tribunal announces Member appointments

The Competition Tribunal is pleased to announce the appointment of three pre-eminent Senior Counsel who will serve as members. Advocates Geoff Budlender SC, Jerome Wilson SC and Tembeka Ngcukaitobi SC are recognised as leading experts in their areas of practice and join the Tribunal from January, February and April 2023 respectively.

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

Tribunal members adjudicate matters before the Tribunal and write 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.

Commenting on the appointments, Tribunal Chairperson Ms Mondo Mazwai said, “We are delighted to welcome three highly accomplished, respected and eminent lawyers in South Africa. They bring a wealth of knowledge and expertise that will enhance our capacity as demand for our services continues to grow, and as the Tribunal develops new jurisprudence under the Competition Amendment Act which came into effect in 2019. The newly appointed members will serve in a part-time capacity which will enable them to bring their external and ongoing experience as the Tribunal endeavours to adjudicate for competitive and inclusive markets in South Africa.”

Geoff Budlender SC is an experienced advocate practicing in Cape Town. He specialises in the areas of constitutional law, including human rights and administrative law and other aspects of public law. He has extensive litigation experience in the Constitutional Court, Supreme Court of Appeal, High Courts and Land Claims Court. He has acted as a High Court judge in Johannesburg and Cape Town. He is well known for his work as a human rights advocate. He co-founded the Legal Resources Centre in 1979 and worked on landmark cases including the abolishment of the death penalty in South Africa and the nationwide roll-out of antiretroviral medication. In 2021 he was awarded the International Bar Association Pro Bono Award for providing high impact pro bono services in defending human rights over the course of his 45-year career in the law.

Jerome Wilson SC is an experienced advocate at the Johannesburg Bar. He practices in the areas of competition, commercial and administrative law. He has extensive litigation experience in the Competition Tribunal, Competition Appeal Court, High Court, Supreme Court of Appeal, Constitutional Court and courts in Botswana, Namibia, Tanzania and Zimbabwe as well as in local and international arbitrations. He has also practiced as an associate at a law firm in New York City between 1994-1996 after being admitted to the New York Bar. Among others, he holds legal qualifications from universities in South Africa, from Kings College in London, Oxford University in the UK and Yale University in the USA.

Tembeka Ngcukaitobi SC is an experienced advocate at the Johannesburg Bar specialising in competition law, labour law, constitutional law and commercial law. He has extensive litigation experience in the Competition Tribunal, Competition Appeal Court, the High Court and the Supreme Court of Appeal and is recognised for his notable work on high-profile Constitutional Court cases. He has also acted as a judge of the Labour, Land Claims and High Courts respectively. Among others, he was appointed by President Thabo Mbeki to serve as a Commissioner at the South African Law Reform Commission from 2007-2011 and was recently appointed Commissioner of the Judicial Service Commission by President Cyril Ramaphosa in October 2022. In addition to various academic roles, he has also published numerous books as well as academic articles in accredited journals. His holds legal qualifications from universities in South Africa and the London School of Economics.

Issued by:

Gillian de Gouveia, Communications Officer

On behalf of the Competition Tribunal of South Africa

Cell: +27 (0) 82 410 1195

E-Mail: GillianD@comptrib.co.za

Twitter: @comptrib