Competition Act, 1998 (Act No. 89 of 1998)Chapter 4 : Competition Commission, Tribunal and CourtPart A : The Competition Commission20. Independence of Competition Commission |
| (1) | The Competition Commission— |
| (a) | is independent and subject only to the Constitution and the law; and |
| (b) | must be impartial and must perform its functions without fear, favour, or prejudice. |
| (2) | The Commissioner, each Deputy Commissioner and each member of the staff of the Competition Commission, must not— |
| (a) | engage in any activity that may undermine the integrity of the Commission; |
| (b) | participate in any investigation, hearing or decision concerning a matter in respect of which that person has a direct financial interest or any similar personal interest; |
| (c) | make private use of, or profit from, any confidential information obtained as a result of performing that person's official functions in the Commission; or |
| (d) | divulge any information referred to in paragraph (2)(c) to any third party, except as required as part of that person's official functions within the Commission. |
| (3) | Each organ of state must assist the Commission to maintain its independence and impartiality, and to effectively carry out its powers and duties. |