Page 64 - Nexia SAB&T Business in South Africa Guide 2024

Cartel Conduct
Cartel conduct applies to parties in a ‘horizontal relationship’ (relationships
between competitors), where three categories of conduct are prohibited.
These are:
■ Directly or indirectly fixing a purchase or selling price or any other trading
condition.
■ Dividing markets by allocating customers, suppliers, territories or specific
types of goods or services.
■ Collusive tendering.
Three independent competition regulatory authorities are in place terms of the Act:
■ The Competition Commission – investigative and enforcement agency.
■ Competition Tribunal – adjudicates competition matters.
■ Competition Appeal Court (formerly, the Competition Board) – considers
appeals against decisions of the Tribunal.

ENVIRONMENTAL LAW

There is increasing awareness in SA towards environmental issues and planning,
both the in private and public sectors. The overarching legislative foundation for
environmental management in SA is The Constitution of the Republic of South
Africa Act, 108 of 1996. Section 24 of this Act provides that everyone has the
right to:
■ An environment that is not harmful to their health or well-being.
■ To have the environment protected, for the benefit of present and future
generations.
The National Environmental Management Act, 107 of 1998 is the primary
environmental framework Act in SA which provides for co-operative environmental
governance.
This Act is based on the principle that everyone has the right to an environment
that is not harmful to his or her health or well-being, and enabling the
administration and enforcement of other environmental management laws.

62