School of Law (ETDs)

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A comparison between internet anti-money laundering statutes and preventative mechanisms in South Africa
(University of the Witwatersrand, Johannesburg, 2022) Maistry, Kireen
South Africa has come a long way since the apartheid era, transitioning to a country of democracy for its people and advocating for non-violence. However, struggles persist in inequality, poverty, unemployment and crime. Due to the social, economic, and political challenges and allegations of continuous corruption the country is often perceived negatively. Despite a growing body of laws, regulations, and systems geared to fight crime, the crime rate remains high and prosecution low. As a result, South Africa has become a soft target for criminals who conceal the proceeds of crimes through money laundering. Through money laundering, criminals have exploited the banking and financial sector, the casino and gambling industry and the real estate business in South Africa. As a consequence of the onset of money laundering, the South African government has had to enact legislation and regulatory bodies in each sector to detect, prevent and prosecute organised crime. The latest challenge to combating money laundering is the advent of the internet which has created newer, faster and more evasive channels for criminals to launder money via cyberspace. Given that the internet and technology are ever-changing, historic anti-money laundering laws and mechanisms may not be effective enough to combat the crime of ‘cyberlaundering’. This thesis discusses pre- and post-internet methods of money laundering in the banking, casino and gambling and real estate sectors in the South African economy and focuses on whether current legislation and mechanisms are effective enough to combat developments in money laundering
A consideration of the bank’s position in the context of an erroneous deposit made
(University of the Witwatersrand, Johannesburg, 2023) Ncube, Vanessa; Dass, Daven
The issue of erroneous deposits is one that is of importance not only to academics and the public but banks too, especially with the rise of and change in technological developments which comes with the ineluctable erroneous/mistaken deposits, for example, through internet banking. It is within the context of the above that I seek to consider the bank’s position where an erroneous deposit has been made. In tackling this, I will examine whether a bank owes an obligation to a third party (the person that made the deposit) if the bank allows its customer (the accountholder to whom the erroneous deposit was made) to utilise the mistakenly deposited funds, given that the bank is aware that the customer does not have a well-founded entitlement to the funds. Within the context of the bank’s obligation, regard will be had to whether in fact the bank can use the funds for its own benefit by setting off the customer’s debt owed to it, taking into consideration the lack of legal entitlement of the customer to the funds. I will also discuss the bank’s ownership and potential liability in relation to the use of erroneously deposited funds. I also seek to examine possible remedies having regard to the litigious regulatory framework in subsequently recovering the mistaken deposit from the bank
A new dispensation for excessive pricing in the South African competition amendment act
(University of the Witwatersrand, Johannesburg, 2023) Mokoena, Moleboheng Andronica
The Competition Act, 89 of 1998 (‘the 1998 Act’) was enacted as the law governing competition law in South Africa. Prior to its amendment, the provisions on excessive pricing were contained in section 8(a) of the 1998 Act which prohibited ‘dominant firms from charging excessive prices to the detriment of consumers’. The 1998 Act was amended by the Competition Act 18 of 2018 (‘the Amendment Act’). Central to these amendments was a change in approach to excessive pricing. In particular, the Amendment Act introduced a new test for excessive pricing and added new provisions to determine cases of excessive pricing. The purpose of this research report is to evaluate the new provisions of excessive pricing and to assess whether the newly introduced test for determining excessive pricing provides a clearer framework for competition authorities. The Report further discusses some of the seminal cases on excessive pricing decided pre and post the Amendment Act
Algorithmic pricing and its implications on competition law and policy in South Africa
(University of the Witwatersrand, Johannesburg, 2023) Fowler, Ashly
The upsurge in the use of technology has proliferated the use of pricing algorithms which have become essential to e-commerce. Although South Africa had been privy to this shift prior to 2020, the onslaught of the Covid-19 pandemic exacerbated this shift. While the use of pricing algorithms in Competition law is accompanied by many pro-competitive benefits, it is also accompanied by various anti-competitive effects which include algorithmic-based collusion. Despite the fact that this topic has been addressed within the context of competition law in other jurisdictions, it has yet to be addressed from the viewpoint of the South African Competition Act 58 of 1998. Accordingly, the aim of this paper is to establish whether the Competition Act and South African competition policy at large, is robust enough to withstand the effects of digitalisation, particularly from the perspective of section 4 of the Competition Act which regulates relationships between competitors. In carrying out this analysis, this paper defines pricing algorithms and outlines their pro-competitive and anti-competitive effects.Thereafter, through the prism of four scenarios where pricing algorithms facilitate collusion, as posited by Ezrachi and Stucke in their seminal work on Virtual Competition, this paper establishes the robustness of the Competition Act by applying the scenarios to the Acts. Ultimately, this paper concludes that the current Competition Act (as amended) is in fact robust enough to tackle situations where algorithmic-based collusion arises. Where it is not, this paper argues that it is, at present, unnecessary for the relevant authorities to amend the current law or introduce any new laws
An assessment of voluntary debt review termination and the shortcomings of the National Credit Act in relieving the debt burden of over-indebted consumers in South Africa
(University of the Witwatersrand, Johannesburg, 2023-03) Brown, Robin-Lee; Du Plessis, Riette
Among other objectives, two of the primary goals of the National Credit Act (NCA) are to help over-indebted consumers and to prevent the abuse of credit. This research report examines the NCA’s legal framework and impact of the NCA on over-indebted consumers with regard to debt review and the voluntary termination process. This research report delves into the challenges that consumers face when attempting to voluntarily terminate debt review prior to their debts being paid off in full as seen in the Van Vuuren case whereby a consumer was unable to exit debt review despite having the means to manage his own finances. The conclusion reached in this study is that, while the NCA has introduced a procedure which results in the reduction of over-indebtedness among consumers, there are issues with the debt review regime that should be addressed. The report further concludes with recommendations for improving the NCA’s debt review regime and providing an enhanced debt relief procedure for consumers in the Republic of South Africa. By adopting these recommendations, the debt review process will further advance the interests and protection of consumers
"Are all things equal? Operational considerations in the integration of deemed employees into workplaces"
(University of the Witwatersrand, Johannesburg, 2022) Otten, Rosita Joanne; Mushariwa, Muriel
This research report is a policy-based study of the regulation of temporary employment services in South Africa. It is set against a contextual background of the development of Labour Brokers in South Africa as well as a contextual understanding of the regulation of temporary or atypical employees under International Labour Organisations Standards (ILO). The scope of this research is limited to only considerations of ILO Standards and does not consider a comparator of other countries. Future research could take it further in this regard to measure how Labour Brokers are offered labour law protections globally. This research report considers the development of labour law in South Africa and how the changes in the South Africa’s labour law policy have introduced mechanisms to afford and ensure greater protection of this vulnerable employee. The research reviews the recent legislative overhaul, in consideration of having the purpose to offering progressive protection to various atypical forms of employees and specifically a temporary employee who attains a deemed employment relationship status. The research aims to assess the extent to which the amendments to the South African labour legislative framework has been able to achieve its desired aims, by first considering how the provisions relating to temporary employment services, should be interpreted and applied. Secondly reviewing various operational considerations that impact the full integration of the deemed employee into the workplace in order to ensure on the whole not less favourable treatment and finally in having reviewed such operational considerations, assess and critique the impact these amendments have achieving protection of this vulnerable class of employee
Combating economic inequality: the strategic role of the fund management industry in promoting inclusive development in Nigeria
(2020) Yetunde, Omotuyi Opeyemi; Omotuyi, Opeyemi Yetunde
There is growing inequality in many countries around the world, and particularly in Nigeria. Recognising this global challenge, the United Nations agreed to seventeen sustainable development goals in 2015. As part of a global agenda to tackle inequality and promote inclusive development, the United Nations agreed to a specific goal to reduce inequalities among and within countries. To enable effective implementation, the United Nations calls for a global partnership, involving the public and private sector, in the achievement of the goals. This thesis highlights the state of economic inequality in Nigeria. In so doing, the thesis finds that the high rate of inequality in Nigeria is mostly as a result of poor social spending on the part of government, as well as adverse corporate impacts, resulting in poor social opportunities and outcomes for citizens. Furthermore, the thesis analysed Nigeria’s legal and regulatory provisions on issues of inequality, highlighting the strengths and weaknesses of the laws. The thesis finds that these laws are grossly inadequate to address the inequality challenges in Nigeria, and a complementary approach to address these challenges is needed. Since the thesis finds a significant increase in the growth of investment funds in Nigeria over the last decade, the thesis proposes the Nigerian Fund Management Industry as an avenue for improving the state of economic inequality in Nigeria, through the implementation of the principles for responsible investment
Critical analysis of harassment in the changing workplace: how the courts developed the definition of sexual harassment and the parameters of the employer's responsibility in curbing this problem
(University of the Witwatersrand, Johannesburg, 2023) Gibson, Kirsty Anne
The definition of the workplace is changing as more employee's start to work remotely. This change in the workplace will affect the manner in which employees communicate and engage with one another. It will also change the manner in which employees are harassed within the work environment. Sexual harassment has been regulated in South Africa for over 20 years in Codes of Good Practice. The regulations define sexual harassment and indicate the obligations of the employer to take steps to prevent the conduct within its workplace. In addition to the Codes of Good Practice, the courts have continuously developed the definition of sexual harassment. Through the development by the courts, the definition of sexual harassment remains current and in line with international standards. However, important factors are not always given the same weight by judges which has led to inconsistent decisions by the courts. The definition of sexual harassment and the manner in which the court applies the definition is analysed in this thesis and compared to recent decisions in the Netherlands. The employer’s responsibility to prevent sexual harassment is regulated by the Employment Equity Act, 55 of 1998. The court's findings on whether an employer is liable for failing to prevent sexual harassment has also been developed by the courts. Through the court decisions, the obligations of the employer have been advanced and clarified. This thesis looks at the obligation of the employer to curb sexual harassment in the workplace and what further steps employers can take to assist victims who report this conduct
Critical evaluation of possibility of retirements funds members directly claiming damages from their fund's service providers for loss suffered
(2020) Davis, Kent Murlis
This research report proposes that where a service provider of a retirement fund (such as an insurer or asset manager) exercises a high degree of discretion in respect of the investment decisions it makes for, or on behalf of, a retirement fund, if one has regard to the nature of the relationship between such service provider and the members of the retirement fund, a limited fiduciary duty should be imposed on the service provider in favour of the members. It is proposed that the fiduciary duty should be separate from, and in addition to, the fiduciary duties owed by the board of management and should also differ in its content. Further, it is submitted that to the extent a service provider breaches this duty; the members should have a claim against such service provider. Due to the fact that the benefits payable to a member only vest in terms of the rules, any claim for damages would likely occur before a member's right to benefits vests. A member would therefore need to claim for prospective damages and argue that once their benefit vests, they will suffer a loss. Despite the courts not recognising claims for prospective loss, it is submitted that in the case of members, compelling reasons exists to allow a claim for prospective loss provided the claim for prospective loss is established as a matter of reasonable probability.
Cryptocurrencies and the Risks of Money Laundering and Terrorist Financing: Proposals for a Regulatory Regime
(University of the Witwatersrand, Johannesburg, 2023) Masuku, Owen Jabulani; Kawadza, Herbert
Rapidly emerging new technology and payment methods are gradually replacing traditional payment methods and sovereign legal tenders as viable substitutes in the global economy. The emergency of cryptocurrencies on the world’s economies has brought with it excitement, frustration, and uncertainty in equal measures. Cryptocurrencies are decentralised convertible virtual currencies that rely on the use of blockchain technology and the math-based peer-to-peer reference without the reliance on a central controlling authority to administer, monitor, regulate and exercise oversight control. Cryptocurrencies offer many potential benefits, such as speed of payment settlement, reduced costs of doing business, speedy cross-jurisdictional reach, and accessibility, as well as the anonymity of the users compared to the traditional payment methods. The integrity of the financial systems is at danger due to these same benefits and advantages. The risks and dangers of money laundering, terrorist financing, fraud, tax evasion, and other unlawful actions are associated with cryptocurrencies. The first cryptocurrency, Bitcoin, was created in 2008. The internet and globalization have allowed cryptocurrencies to enter South Africa. These currencies are not accepted as legal money in the South African legal system at this time. The objective of this desk-top research is to consider, amongst others, the following: what cryptocurrencies are, why cryptocurrencies are a Money Laundering and Terror Financing (ML/TF) risk, the red flags in ML/TF through cryptocurrencies transactions, structural and regulatory weaknesses associated with ML/TF through cryptocurrencies and the recommendations for structural and regulatoryenhancements and changes to combat the ML/TF risks from cryptocurrencies. This thesis recommends the need for regulatory intervention in South Africa. It argues that there is a need to regulate cryptocurrencies through the amendments to the relevant legislations such as the Financial Intelligence Centre Act, the Consumer Protection Act, Financial Advisory and Intermediaries Act, amongst others
Digital skills development at a global assurance, tax and advisory consulting firm in South Africa
(University of the Witwatersrand, Johannesburg, 2023) Saley, Azhar; Gobind, J.
Digital technology continues to evolve, and the way employees work is constantly changing. To keep up with the rapid technological developments and compete in the digital economy, organisations need a digitally skilled workforce with the skills and capabilities required to drive digital transformation. However, a qualification audit conducted by the Consultancy X HR team in February 2022 indicated that the qualifications and certifications of employees do not equip them with the skills required to support the consultancy's digital transformation journey. The purpose of this study was to investigate the low uptake in digital skills development for employees at a global assurance, tax and advisory consulting firm in South Africa. This study followed a qualitative research design, and data was collected through semi-structured interviews, which involved the researcher conducting 60-minute virtual interviews with 9 participants to collect in-depth insights and data from participants on their perceptions of digital transformation and the digital skills uptake at Consultancy X, the impact of the emerging technologies on their roles and the effectiveness of the organisation's current digital skills development approach. The thematic analysis technique was used to analyse the themes and patterns in the feedback from participants. The study found that the low uptake in digital skills development at Consultancy X was primarily due to time constraints resulting in digital skills development not being prioritised, lack of exposure to digital technologies/skills and resistance to change from employees. The findings also revealed that the organisation’s current digital skills development approach is ineffective due to limited resources being available to support digital skills development and leadership not actively driving digital skills development. However, employees are willing to learn and adopt emerging technologies if they have clarity on the objectives/benefits of the technology; the technology is user-friendly and saves them time. Recommendations were made that may assist the leadership team at Consultancy X in increasing the uptake in digital skills development
Does section 198A (3) of the labour relations act create a sole or dual employment relationship after the period of three months?
(University of the Witwatersrand, Johannesburg, 2022) Shezi, Nqubeko; Marumoagae, Clement
This research report is an overview of section 198 of the Labour Relations Act which regulates temporary employment services. It also evaluates the nature of employment of employees who are employed at the instance of the TES after a period of three months from the date of their employment. In 2002 this Act was amended by the Labour Relations Amendment Act which inserted section 198A. The purpose of this insertion was to protect TES employees from being exploited by their employers by making them work for years on a temporary basis. Employees would be deprived from acquiring permanent employment benefits because of the temporary contracts they are working under. However, it has appeared that this amendment did not fulfil its purpose because section 198A(3)(b) leaves employees even more vulnerable as it gives the window period of three months without being clear on what happens to the tripartite relationship between the parties. This section does not explain who the employer after the lapse of three months is, this leaves employees not knowing where they stand with both the client and the TES. Therefore, this research report discusses section 198A (3) of the LRA, with a view of assessing whether the client is the only employer (sole employment relationship) orboth TES and the client are employers (dual employment relationship). Further, this paper gives an overview of the case laws that have dealt with this section in trying to analyse and decide on the intention of the legislature when enacting the Amendment Act
Does the role of a business rescue practitioner necessitate the imposition of fiduciary duties and liabilities to the same degree as directors of a company?
(University of the Witwatersrand, Johannesburg, 2022) Tampson, arryn Jamie; Thambi, Kiyasha
Business rescue practice is a legislative mechanism in terms of Chapter 6 of the Companies Act 71 of 2008 (“the Act”), aimed at rehabilitating failing companies. Business rescue proceedings (“proceedings”) are defined as the ‘[facilitation of the] rehabilitation of a company that is financially distressed’.1 This is achieved through the temporary supervision of the company by the business rescue practitioner (“practitioner”), as well as a temporary moratorium on the rights of claimants. The goals of business rescue proceedings are to either rehabilitate the company to operate on a solvent basis, or to secure a better return for creditors upon the company’s liquidation.2 The ultimate manner of rehabilitation of a company is set out in the business rescue plan drafted by the practitioner and voted on by affected parties3 as envisaged in the Act
Effects of exclusive lease agreements on competition in the grocery retail sector in South Africa
(University of the Witwatersrand, Johannesburg, 2023-02-28) Ngcakani, Mary Motlatji; Davis, Judge Dennis Martin
South Africa’s grocery retail sector is highly concentrated and dominated by five national supermarket chains utilising exclusive lease agreements (ELAs) with shopping mall developers to entrench and maintain their dominance. Exclusivity provisions in ELAs prevent small and emerging retailers from growing and penetrating shopping malls. This conduct has been the subject of several complaints to the Competition Commission, which initiated and conducted a grocery retail market inquiry (GRMI). This research report evaluated the effects of ELAs on competition in the grocery retail sector in South Africa. Competition is regulated by the Competition Act 89 of 1988. Therefore, the use of ELAs was critically analysed through the lens of sections 8(1)(b) and 8(1)(c) of the Competition Act, which prohibit the abuse of dominance. The research report highlighted that the use of ELAs negatively impacts competition in the grocery retail sector in South Africa. The paper argues that instead of initiating the GRMI, the Competition Commission could have utilised the abuse of dominance provisions of the Competition Act to achieve a more equitable outcome that furthers the objectives of the Competition Act.
‘Essentially no different’ but not the same? an analysis of the rules applicable to the interpretation of double taxation agreements
(University of the Witwatersrand, Johannesburg, 2023-06-14) Hart, Daniel Alan
This research report aims to determine whether the rules of interpretation generally applied by South African courts in construing documents are the same as the international rules applicable to the interpretation of double taxation agreements (DTAs). The report will compare the prevailing international law rules regarding the interpretation of treaties with the rules of statutory interpretation applied by South African courts. The goal is to assess whether South African courts should rely on domestic or international law principles when interpreting DTAs, and to this end the report will critically analyse the approach taken in two specific cases, Krok v The Commissioner for the South African Revenue Services 2015 (6) SA 317 (SCA) and ITC 1925 82 SATC 144
Evaluation of competition concerns regarding franchise agreements where franchisors determine prices for franchisees
(University of the Witwatersrand, Johannesburg, 2023) Brown, Avigael Chana
The franchise agreement refers to an agreement between a franchisee and franchisor, where franchisee establishes outlets that operates under the franchisor’s successful name and trademark, for a fee paid to the franchisor. This places the franchisor and franchisee in a vertical relationship. The franchisor exercises a degree of control ov er the franchisee’s business, which may cause competition concerns, particularly if regard is had to section 5 of the Competition Act 89 of 1998 (hereafter ‘Competition Act’). Section 5 prohibits certain vertical practices, which limit or prevent competition between firms. This research report discusses the prohibited vertical practice of resale price maintenance in the franchise context, which occurs if a franchisor imposes prescribed prices or limits discounts to which franchisees must a dhere. There are several reasons why franchisors would want to engage in such conduct. However, the practice is often anti- competitive as it bars franchisees from competing with each other in terms of price. Franchisors may, however, recommend prices to their franchisees, in line with section 5(3) of the Competition Act, and many franchisees may choose to comply with thes e recommendations. Mon itoring franchisors for engaging in resale price maintenance can be difficult, owing to significant pressure faced by many franchisees to comply with recommended prices, resulting in much of the same price throughout a franchise network. If, after in vestigation, the Competition Commission is of the view that a franchisor has breached section 5 of the Competition Act, it may refer the matter to the Competition Tribunal. Among others, this report demonstrates that many resale price maintenance cases within the franchise context have resulted in settlements, rather than proceeding to a hearing before the Tribunal. This often results in the franchisor paying a reduced administrative penalty, leading to dearth of legal precedent
Institutional racism and its oppression of the black employee’s economic freedom
(2021-11) Lubile, Nyota C.S
Institutional racism can be identified as a prominent factor, amongst numerous others, in the slow progression of the black population in the South African workplace. Consequently, due to the perpetual undermining of the black race and their professional capabilities, this leads to the rather slow (socio-) economic growth and progress of the black workforce and population in the long run. This report considers the extent to which institutional racism still has an impact on the (socio-) economic emancipation of the black worker which ultimately limits their standard of living. The origin of institutional racism from the colonial and apartheid era lay the foundation for the report, the effectiveness of corrective policies and legal frameworks are explored together with the elements of Critical Race Theory and how they are relevant to the issues pertaining to institutional racism in the workplace. Two areas that are specifically looked into are institutional racism against women and black women particularly as well as its presence in the legal profession. From a statistical perspective, theory is translated into numbers – the findings support and demonstrate how indeed there is a large gap between the saturation of the white race and the black race at different skills levels in the workplace as well as in business management and ownership in comparison to the economically active population of each race group. This corroborates the findings of the literary research in that systemic racism is still a major barrier to the elevation and progressions of the black population in the workplace and ultimately in their general standards of living
Investigating the continued applicability of the enlightened shareholder value approach in company law
(University of the Witwatersrand, Johannesburg, 2023) Hayath, Batool; Mongalo, Tshepo H.
Whether the objective of a company is purely the maximising of profits for its shareholders (the so-called ‘shareholder primacy’) or whether companies should also be run for the benefit of other stakeholders is a subject of much debate. Such debates have been in existence for quite some time, and they relate to two opposing schools of thought, one being the shareholder value theory and the other being the stakeholder value theory. This paper considers these two approaches and how they gave rise to a third approach, being the enlightened shareholder value approach (ESV). ESV is said to be a hybrid of the two approaches, and its adoption has found favour in certain jurisdictions such as the United Kingdom and South Africa. The main aspects of ESV are discussed in this paper. It also looks at how, on the basis that ESV gives precedence to shareholder interests (and merely provides for stakeholder interests to be considered as a means of enhancing shareholder value over time), its adoption has not resulted in substantial changes with regards to the protection of other stakeholders. In this regard, this paper considers an alternative to such theory, being the concept of the ‘purposeful business’, which has been advocated by the British Academy, and that, in light of the challenges facing society and other stakeholders today, such approach may be better suited as opposed to the ESV in helping to advance the interests of other stakeholders as a matter of pursuing the corporate purpose and/or objective
PAIA and access to information held by private parties in a digital context
(University of the Witwatersrand, Johannesburg, 2022-02-21) Ganey, Qaasim Akbar
This report deals with accessing information held by private companies. Access to information was an unreachable right in the previous Apartheid order. This position has shifted in our post constitutional dispensation. One such change is the inclusion of a clause whereby accessing information held by private companies is now possible. However, this access is on condition that such information is required for the protection or enjoyment of a right. Perusing the case law that focuses on this condition has given birth to different dimensions of understanding. These disparate dimensions of understanding when applied to different types of requesters and information offer valuable insights into a hypothetical request for information made to a private company. This analysis shows that despites glimmers of a generous interpretation of the threshold test, the courts seldomly depart from a restrictive interpretation.
Price gouging as a species of excessive pricing during the covid-19 pandemic and beyond: has the ‘lucky monopolist’s’ luck run out? (and is price regulation on the horizon?)
(2023) Hartley, Jarryd; Klaaren, Jonathan
The Covid-19 pandemic saw widespread market disruption causing extreme and sudden price increases in foods and essential goods. This paper provides a critical analysis of the response by South Africa’s competition authorities to the Covid-19 pandemic. First, it discusses excessive pricing as an exploitative abuse. It argues that there is considerable overlap between excessive pricing and price gouging conceptually, which reveals why price gouging has been pursued as a species of excessive pricing. Secondly, it traces the development of market definition in competition law. It argues that while there has been a growing strand of scholarship arguing in favour of an effects-based approach to assess market power and arguing against the necessity of market definition, that market definition is still the superior method of assessing market power and alleged anti-competitive effects, as it considers the full range of relevant factors necessary to establish the boundaries of competition and the degree of substitutability between competing firms and products. Thirdly, it considers the traditional approach to excessive pricing in competition law to contextualise the approach adopted in the Covid-19 cases. It argues that pursuing price gouging as a species of excessive pricing represents a break with traditional excessive pricing as previous excessive pricing concerned traditionally dominant firms, many of whom were beneficiaries of former state support and/or were operating in markets with high barriers to entry. On the other hand, the Covid-19 cases were characterised by many smaller firms with low market shares, new entrants, and once-off market participants being found to be temporarily dominant firms (the so-called ‘Lucky Monopolist’) who were inferred to have market power. Fourthly, it analysed the Covid-19 cases and several consent agreements. This paper argued that the approach adopted in several cases in which the market was not properly defined was incorrect and contrary to traditional South African competition law. It argued that the Consumer Protection Regulations were promulgated too late and forced the competition courts to use traditional excessive pricing provisions to evaluate these cases. Furthermore, assessing these cases under the traditional excessive pricing provisions may influence future excessive pricing cases by diluting legal precedent with less economically and competition law defensibleapproaches. Fifth, this paper evaluated the response of the competition authorities to the Covid-19 pandemic. It found that the interventions of the competition authorities were able to deter price gouging conduct in response to the pandemic and agrees with the remedies and penalties imposed by the authorities as an appropriate response while arguing further that it is inappropriate to impose punitive administrative penalties on firms that are not dominant under traditional abuse of dominance and excessive pricing tests. Finally, this paper argues that price regulation is not the ideal intervention for competition authorities and has proffered possible alternatives such as market monitoring, informal engagement with market participants; and/or a general price gouging or consumer protection law which would automatically activate upon the declaration of a state of disaster or emergency which would obviate the need to use the traditional dominance and excessive pricing provisions of the Act to assess such conduct

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