COMPETITION TRIBUNAL ANNUAL PERFORMANCE PLAN PRESENTATION TO THE PORTFOLIO COMMITTEE: ECONOMIC DEVELOPMENT

Transcription

1 COMPETITION TRIBUNAL ANNUAL PERFORMANCE PLAN PRESENTATION TO THE PORTFOLIO COMMITTEE: ECONOMIC DEVELOPMENT

2 Presented by NORMAN MANOIM CHAIRPERSON ENVER DANIELS DEPUTY CHAIRPERSON JANEEN DE KLERK CHIEF OPERATING OFFICER LERATO MOTAUNG REGISTRAR 2

3 Alignment with EDD Alignment of Tribunal s legislative mandate with EDD s strategic objectives Promote competition, trade and smart regulation Co-ordinate job drivers, sectors or spatial projects and implementation of the NGP Promote investment, expand industrial funding and entrepreneurship 3

4 Alignment with NSO Alignment of Tribunal s strategic objectives National Strategic Outcomes (NSO) as follows NSO 4 Decent employment through inclusive growth NSO 6 - Efficient, competitive and responsive infrastructure network NSO 12 Efficient, effective and development orientated public service and an empowered, fair and inclusive citizenship 4

5 Strategic Focus Tribunal is an administrative court Therefore we have to be reactive not pro-active This constrains how we approach future plans 5

6 Strategic Focus Nevertheless we have 3 broad strategic objectives: Ensuring effective and efficient adjudication Build and develop effective stakeholder relationships Adhere to good corporate governance and sound business practice 6

7 Adjudicative Process Objective one Effective and Efficient Adjudication Matters brought before Tribunal heard within adopted delivery time frames Expeditious conclusion of hearings Improved management Information 7

8 Large Merger Targets 75% 95% 70% 8 Merger set down The percentage of large mergers to be set down within 10 business days of filing. Orders issued The percentage of orders to be issued within 10 business days of the last hearing date Reasons issued mergers The percentage of reasons to be issued within 10 business days of the order being issued

9 Intermediate and small merger targets 75% 95% 60% 9 Merger set down The percentage of mergers to be set down within 10 business days of filing of the request for consideration. Orders issued The percentage of orders to be issued within 10 business days of last hearing date. Reasons issued mergers The percentage of reasons to be issued within 20 business days of order being issued.

10 Prohibited practice case targets 100 days 125 days 150 days Simple matter Complex matter Very complex matter The number of days reasons must be issued after the last hearing date The number of days reasons must be issued after the last hearing date The number of days reasons must be issued after the last hearing date 10

11 Procedural matters, consent orders, settlement agreements and interim relief 85% 90% 100% Procedural matters The percentage of orders to be issued within 20 business days of the last hearing date Consent order/settlement agreement The percentage of orders to be issued within 10 business days of the last hearing date Interim relief The percentage of reasons to be issued within 20 business days of the last hearing date 11

12 Adjudicative Process Efficiency requires accurate and timeous information We use the electronic case management system (CMS) to do this 12

13 Adjudicative Process CMS allows the Tribunal to: Electronically manage all processes related to the case function Store case documents so as to facilitate retrieval and safe storage Provide required performance information for reporting purposes 13

14 14 Excerpt of performance information from CMS

15 Effective Stakeholder Relationships Objective two build and develop effective stakeholder relationships Communicating with stakeholders Our public press releases, website, social media, learner programmes Our stakeholders EDD, Parliament, legal community and staff 15

16 Learner programme Workshop with learners from underprivileged school: Holy Trinity Secondary School, Atteridgeville 12 learners from Grades 10,11 and 12 Principal Andre Castelyn: The pupils had feedback sessions with classmates and I was amazed by the amount of information the students returned with. They showed a real understanding of the competition authorities. 16

17 Learner programme Objective two build and develop effective stakeholder relationships Communicating with stakeholders Our public press releases, website, social media, learner programmes Our stakeholders EDD, Parliament, legal community and staff 17

18 Targets pertaining to communication 75% 100% Merger decisions 18 Merger decisions The percentage of final merger decisions to be issued to the press within 2 business days of the order date Prohibited practice decisions The percentage of final prohibited practice decisions to be issued to the press within 2 business days of the order date

19 Revamping the website Revamping the Website New changes: Continual updating of the reel at the top of the page Updated case information for matters of public interest Information is Tweeted: Future changes: Simplify press release search A quick view link box taking readers directly to pages most regularly searched An online magazine 19

20 20 Revamping the website

21 Revamping the website Revamping the Website Updated case information for matters of public interest: 21

22 New Online Magazine Guideline for the media The quarterly online magazine, or imagazine, Trials and the Tribunal replaces the Tribunal Tribune Trials and the Tribunal is published on the website Provides greater insight into what the Tribunal has achieved in the previous quarter for e.g. analysis of key cases and data Increased circulation 22

23 Old Magazine Objective two build and develop effective stakeholder relationships Communicating with stakeholders Our public press releases, website, social media, learner programmes Our stakeholders EDD, Parliament, legal community and staff 23

24 New Online Magazine Objective two build and develop effective stakeholder relationships Communicating with stakeholders Our public press releases, website, social media, learner programmes Our stakeholders EDD, Parliament, legal community and staff 24

25 Tsele le Tsele In-house communication Tsele Tsele in-house communication 25

26 Accountable Entity Objective three accountable transparent and sustainable entity Unqualified audit outcome year on year Meet compliance requirements as an accountable and transparent institution Continued implementation of case management internship 26

27 Financial Overview Year Total budget requirement Expected MTEF allocation Expected filing fees from Commission Other Income Use of accumulated surplus Additional funding requirements (in R m) (in R m) (in R m) (in R m) (in R m) (in R m) 2016/ / / /

28 Rands Financial Overview Funding Analysis EXPENDITURE GRANT FILING FEE INTEREST RECEIVED

29 CATEGORY OBJECTIVE AMOUNT Timeous hearings and issuing of judgements Adjudication process R Effective business processes Adjudication process R Stakeholder awareness Effective Stakeholder Communication R Effective oversight and governance Accountable, transparent and sustainable entity R Effective financial management Accountable, transparent and sustainable entity R Sustainable capacity Accountable, transparent and sustainable entity R Administration (incl. depreciation) R Administrating the Competition Appeal Court R Capital expenditure R TOTAL BUDGET R

30 Challenges addressed Vacancies among Tribunal Members 30 30

31 Challenges addressed Two new Panel members appointed Deputy chairperson Enver Daniels former Chief State Law Advisor Part-time member Halton Cheadle Professor at Public Law at the University of Cape Town Enver Daniels Halton Cheadle - new part-time memberhalton Cheadle 31 31

32 Challenges addressed Move to new offices Tribunal members appointed Deputy chairman Office move more space 32 32

33 Future challenges Complaint referrals Case type: Cartel 96 Halton Prohibited Cheadle Practices Case type: Other - 16 new part-time member Before the Tribunal 112 Case type: Cartel 96 Total referred: 112 Case type: Other

34 Future challenges Complaint referrals Pending setdown 96 Setdown for hearing 15 Halton Prohibited Cheadle Practices - new part-time member Before the Tribunal 112 Pending decision 1 Case type: Cartel 96 Case type: Other 16 Total

35 Future challenges Cases set down involving allegations of prohibited practice conduct running 10 BD or longer: 4 cases Case number Case name No of Hearing days 1. CRP057Jun13 Geosystems v Leica CR053Aug10 CC v Apollo (Goodyear) CR188Nov15 CC v Uniplate CR008Apr10 CC v Computicket 10 35

36 Future challenges Cases set down for hearing with allegations of prohibited practice conduct running between 5 and 10 BD: 6 cases Case number Case name Number of hearing days 1. CR132Sep15 CC Aqua 9 2. CR133Sep15 CC v Casalinga 5 3. CR205MAr14 Alvern 9 4. CR182Dec16 CC Geometry 5 5. CR078AUG16 CC Lennings 5 6. CRP126nov11 Linpac Du plessis 6 36

37 Future challenges Cases on the Tribunal s case list with 3 or more respondents defending allegations of cartel conduct: 10 Case number Case name Number of defensive respondents 1. CR078Aug16 CC v Lennings 3 2. CR110Aug15 CC v Majorshelf & 2 others 3 3. CR032Jun15 CC v J&H Furniture and 2 others 4. CR245Mar17 CC v Afrion Property services CR213Mar14 CC v Gansbaai marine and others 3 6. CR098Oct12 CCv Chevron and others 5 7. CR125Nov14 CC v Electic Cable manufacturer and others CR212Feb17 CC v BAML and others CR188Nov15 CC v Apollo (Goodyear) CR098Feb11 CC v Aveng and 19 Others 6 37

38 Future challenges Tribunal calendar Prohibited Practices Halton Cheadle - new part-time member Before the Tribunal 112 Case type: Cartel 96 Case type: Other

39 Future challenges how to use existing capacity to meet expected increased demand? Halton Cheadle - new part-time member 39 38

40 Solutions? Double up on panels more often. Pros/Cons Use of case management techniques to shorten hearing times. Pros/Cons Long term increase number of members (but requires amendment to legislation) 40

41 Thank You Questions and Answers