Section 11(5) of the Mine Health and Safety Act (MHSA) obliges every employer in the mining industry to investigate all reportable accidents and identify the underlying causes of the accident. Often, the employer engages third-party experts to conduct the investigations through the employer’s legal representatives in order to claim legal privilege over these reports. This raises the question whether a presiding officer can compel the employer to disclose a report during a mine health and safety inquiry.
The Competition Tribunal does not have the power to grant absolution from the instance
The Competition Appeal Court (“the CAC”) in Competition Commission v X-Moor Transport (Pty) Ltd t/a Crossmoor Transport (273/CAC/Aug25) [2026] ZACAC 4 (22 June 2026), considered the question of whether the Competition Tribunal (“the Tribunal”) has the power to grant absolution from the instance in a prohibited practice case. In two prior cases the Tribunal