The Department of Trade and Industry, like Parliament, was satisfied that the Competition Act Amendment Bill would not contravene the Constitution and could be signed by the President in to law, Trade and Industry Minister Mandisi Mpahlwa said on Tuesday.

Speaking at an economic cluster briefing, Mpahlwa said that the Bill had reached “the last stage, which is the stage of awaiting the President’s signature”.

Earlier in the year, President Kgalema Motlanthe referred the Bill back to the National Assembly for reconsideration, citing concerns that certain of the Bill’s clauses might be in conflict with the Constitution.

Particular concern was expressed about the constitutionality of Section 12(5), which sought to introduce criminal liability against senior management who presided over companies that engaged in anticompetitive behaviour.

But Parliament simply rebuffed the President and redirected it back for his signature, despite the fact that the heads of both the Competition Commission and the Tribunal had also raised concerns about the legality of the changes.

“We have also looked at this [the concerns] and we are also of the view that there is not . . . the risk of a particular provision being regarded as unconstitutional.

“But, of course, this is a matter that awaits the President to exercise his mind and decide how best he deals with it,” Mpahlwa said.

He said that the amendment should strengthen the hand of the competition authorities, by extending them “additional tools” to deal with anticompetitive behaviour and complex monopolies.

But he also stressed that these extended power would be backed with the necessary budgetary resources to ensure implementations.

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