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Today, hearings of the Portfolio Committee on Economic Development into the Competition Tribunal’s decision regarding the Walmart-Massmart merger began. Over the last week, the Democratic Alliance (DA) and other relevant parties have warned that these hearings would be pointless due to the legal complexities of the case, and the fact that the Competition Tribunal acts independently of Parliament and, as such, public submissions to the Portfolio Committee would have no impact on the Competition Tribunal’s final decision. These hearings, which were hastily convened during the Parliamentary recess, thus represent a fruitless use of time and valuable state resources. Furthermore, the actual mandate and outcome of these hearings are not in line with the expectations created by the advertisements placed to inform the public of the hearings. 

It came as no surprise that, at the commencement of the hearings, the Portfolio Committee chair announced that none of the discussions could involve the conditions placed upon the merger, or the validity of the merger itself, because of its sub-judice status due to the South African Commercial, Catering and Allied Workers Union’s (SACCAWU’s) appeal against the Tribunal’s decision. 

The DA fully recognises the importance of public consultation on this issue. However, in this instance, the Economic Development Portfolio Committee is not the appropriate forum in which deliberations should be taking place. These hearings are also being held far too late in the deliberation process. The DA believes that, while public consultation is essential, it needs to take place at the appropriate times and in the appropriate forums, which will ensure that state resources are used effectively and that constructive outcomes can be achieved.