Evidence in cartel probe review
THE Pietermaritzburg High Court has ruled that evidence seized from a KwaZulu-Natalbased company in connection with a probe regarding cartel conduct in the refined edible oils and baking fats manufacturing industry can be reviewed.
In December, the Competition Commission announced that it had raided the premises of three KZN-based companies: DH Brothers Industries trading as Willowton Oil and Cake Mills in Pietermartizburg; African Sun Oil Refineries in Mobeni, and FR Waring Holdings in Umhlanga Ridge.
The premises of Wilmar Continental Edible Oils and Fats in Randfontein and Epic Foods in Joburg were also raided in a search-and-seizure operation.
After the seizure, DH Brothers Industries trading as Willowton Oil and Cake Mills, which denied any involvement in the alleged cartel behaviour and price collusion, approached the high court seeking an order interdicting the commission from reviewing the evidence it seized in their offices.
The Competition Commission said in a recent media statement that the court had dismissed the application with costs.
Approached for comment about whether they would take the matter further, Shoaib Moosa, the Willowton group chief commercial officer, said: “As the matter is currently sub judice, we will not be commenting.
“There are currently a number of challenges pending before the courts dealing with the legality of the Competition Commission’s investigation.”
The commission said a similar application brought in Gauteng by Wilmar Continental Edible Oils and Fats had also been dismissed.
Africa Sun Oil and FR Waring have also made similar court applications, which are still pending before the Pietermaritzburg High Court.
Commissioner Tembinkosi Bonakele said in the statement that the search-and-seizure operations had been conducted with due regard to the rights of all the affected persons.
“We will therefore not be swayed in our efforts to clamp down on the exploitation of consumers by cartels, particularly in the food and agroprocessing sector,” he added.