Meta Platforms Inc and Others v GovChat (Pty) Ltd and Another (CR189Mar22/STR04Jun25) [2026] ZACT 4 (27 January 2026)

45 Reportability
Competition Law

Brief Summary

Competition Law — Application to strike out — Applicants sought to strike out extensive paragraphs from witness statements in competition proceedings — Tribunal dismissed the application to strike out, finding no merit in the objections raised — No order as to costs.

COMPETITION TRIBUNAL OF SOUTH AFRICA

Case No.: CR189Mar22/STR04Jun25

In the application to strike out between:

META PLATFORMS INC. First Applicant
WHATSAPP INC. Second Applicant
FACEBOOK SOUTH AFRICA (PTY) LTD Third Applicant

and

GOVCHAT (PTY) LDT First Respondent
HASHTAG LETSTALK (PTY) LTD Second Respondent

In re: the matter between:

COMPETITION COMMISSION Applicant

and

META PLATFORMS INC. First Respondent
WHATSAPP INC. Second Respondent
FACEBOOK SOUTH AFRICA (PTY) LTD Third Respondent
GOVCHAT (PTY) LDT First Intervenor
HASHTAG LETSTALK (PTY) LTD Second Intervenor
Second Intervenor

Panel: G Budlender (Presiding Member)
T Vilakazi (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 03 December 2025
Order Issued on: 27 January 2026

ORDER

Having read the papers filed in application CR189Mar22/STR04Jun25, having
heard argument from the parties, and having considered submissions by the
parties, the Tribunal orders as follows:

1. The application to strike out: (i) paragraphs 11 to 185, and 187 to 189 of the
witness statement of Mr Bradley Sacks filed in Case No: CR189Mar22 on 5
May 2025; and; (ii) paragraphs 2 to 5 of the witness statement of Ms Tandi Haslam
filed in Case No: CR189Mar22 on 5 May 2025, is dismissed.

2. There is no order as to costs.




Signed by:Geoff Budlender
Signed at:2026-01-27 11:16:21 +02:00
Reason:Witnessing Geoff Budlender
Date
27 January 2026

Adv. Geoff Budlender SC
Concurring: Prof. Imraan Valodia and Prof. Thando Vilakazi


Tribunal Case Managers: Andriza
Liebenberg, Tarryn Sampson, and
Theresho Galane
For Meta Platforms Inc.,
WhatsApp Inc., and Facebook
South Africa (Pty) Ltd: Jerome Wilson SC and Lerato Zikalala instructed
by Derek Lotter and Claire Reidy of Bowmans

For GovChat (Pty) Ltd and
Hashtag Letstalk (Pty) Ltd: Paul Farlam SC and Luke Kelly instructed by
Shawn van der Meulen of Webber Wentzel