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Norman Manoim

Capacity:
Gender: Male
Ethnicity: White
Further appointments: N/A

Key judgments:
(1) C v Competition Commission [2016] 2 CPLR 921 (CT) [Competition Tribunal] ;
(2) Competition Commission v C [2019] 1 CPLR 198 (CT) ;
(3) Nhlanhla Titus Radebe v The State, Unreported Judgment, Case No A183/2019 (Gauteng High Court, Johannesburg);
(4) Focus Products (Pty) Ltd v Jones Nyamambi and Vanyathi Holdings CC, Unreported Judgment, Case No. 5747/2020, Gauteng High Court, Johannesburg

Candidate Bio:
Mr Manoim holds a BA Degree (1980) and LLB Degree (1983), both obtained from the University of Witwatersrand. After completing his articles in 1982 – 1984, he became a partner at Cheadle Thompson and Haysom Attorneys until 1999. In 1999 Mr Manoim was invited to serve on the drafting team of what was later to become the Competition Act, 89 of 1998. After the project, he was appointed to serve on the then Competition Board and its replacement under the new Act, the Competition Tribunal. He has served in the Tribunal for more than twenty years, and is the longest-serving member, has also been its second chairperson.

Before serving at the Tribunal, Mr Manoim’s focus area in private practice was human rights and media law where he served as an instructing attorney in several major political trials. He also represented political detainees and dealt with issues of censorship under the then apartheid security laws.

Mr Manoim is a part-time professor of practice at the University of Johannesburg. He is also a well-published author and some of his articles have been cited with approval in case law e.g., in Mlenzana v South African National Civic Organisation and in S v Ramgobin and Others.

He was first appointed as an acting judge in 2019 in the South Gauteng High Court.

April 2021 Interview Synopsis:

The chairperson of the Competition Tribunal from 2009 to 2019, Norman Manoim was quick to point out that this involved adjudication work similar to that of a high court judge since cases delved into fields including criminal law, commercial law, and civil issues.

He described the Competition Tribunal as being the equivalent of the Labour Court: a specialised court of the first instance.

When asked by Chief Justice Mogoeng Mogoeng why the tribunal’s judgments often rivaled those of the Constitutional Court for length, Manoim said this was down to the inclusion of both the “legal and economic analysis” that these findings required. He said, “competition judgments are generally long around the world”.

Attorney Doris Tshepe said Manoim, who had previously worked for 15 years as an attorney for Cheadle, Thompson, and Haysom, a firm known for representing antiapartheid activists during the 1980s, had been “a great mentor indeed” when she joined as an articled clerk.

Noting Manoim’s student activism during the 1980s, advocate Dali Mpofu SC asked the candidate how those experiences had affected his legal work?

Manoim said he had been president of the Student Representative Council at Wits University and vice-president of the National Union of South Afrucan Students (Nusas) and they had tried to conscioutise the mainly white student body about the political reality of the time: “We didn’t protest about the food in the cafeteria,” he said.

Manoim said if appointed he would ensure that the Constitution was not just a “beautiful piece of paper” but a living document that positively affected the lives of ordinary South Africans.

April 2021 Interview: