Facebook South Africa is not a respondent according to attorneys representing Facebook Inc and WhatsApp Inc
Facebook attorneys are raising the issue of jurisdiction.
"The Tribunal does not have jurisdiction to deal with the application as it has been brought," - Facebook attorneys.
"Facebook South Africa representatives approached the South African government to inform it that GovChat would be offloaded and did not inform them of GovChat's application. Facebook wants to work directly with government." - GovChat attorneys
GovChat attorneys are citing Praekelt's relationship with the South African government as a Facebook/WhatsApp partner. Alluding to discriminatory conduct.
GovChat attoreys are now drilling down into specifics of how they believe Facebook is discriminating against GovChat vs how it works with Praekelt in South Africa.
"If this is sustained it's pretty much goodbye GovChat," - GovChat attorney
Time for a tea/coffee/water break for 20 minutes.
GovChat attorney is disputing Facebook's requirement that GovChat is required by the WhatsApp terms to have its own WhatsApp Business API Account. The attorney says thy have never seen such a policy from Facebook/WhatsApp.
GovChat says it doesn't sell anything and that it offers its services pro bono to govrnment.
GovChat attorney confirms that the application is against Facebook Inc. and WhatsApp Inc. But they want to include Facebook SA because it was involved in South African government meetings including Lindiwe Zulu among others.
GovChat attorney is now done. Competition Tribunal will ask him questions in the confidential session. Once done, Facebook attorney presents.
"What value added services does GovChat offer to gvernment?" - one of the panel members from the Competition Tribunal
GovChat attorney "Mr Jordaan is happy to answer that but only in a confidential session away from the public"
We are back. Facebook attorney now presenting. Arguing partly that GovChat is accessing WhatsApp chat data and in flagrant violation of its terms and policy.
Adjourning for a few minutes as attorneys take instruction from Facebook on how to proceed.
Facebook Inc. is opposing the application to include Facebook South Africa in the case. The Facebook SA employee was acting on instruction from WhatsApp Inc/Facebook Inc according to FB's attorney. FB SA has no legal interest in the de-platforming/off-boarding matter.
The Facebook attorney says Facebook SA has no powers or rights as far as the relief that is sought by GovChat.
GovChat attorney is insisting Facebook SA must be included.
The Tribunal is asking for an adjournment. Earlier the Tribunal chairperson had stated that they believe the inclusion of Facebook South Africa is a mere formality. Now Facebook attorneys have said "no", they oppose including Facebook SA in the matter/case.
Apologies and correction: I keep saying attorneys, these are advocates.
Adjournment over. Tribunal says they will include Facebook SA on the case going forward and thanks Facebook Inc for its cooperation.
GovChat will not be offboarded until the Tribunal hearing scheduled for Monday. (paraphrasing)
Tribunal thanks Facebook Inc advocate for their cooperative stance. The Tribunal hearing reconvenes on Monday morning.
"We have reached the end of our proceedings today. We will meet each other on Monday and I hope it will be in a far more cooperative frame of mind." - Chairperson of South Africa's Competition Tribunal

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