MBABANE:Muzi Dlamini,the Chief Executive Officer of the Eswatini Competition Commission(ECC) says, the decision by Inyatsi Group Holdings to purchase other companies is not,in any way,a violation of the Competition Act of 2007 particularly,if the law was followed in the process.
Responding to a detailed questionnaire from this Swaziland News on Tuesday morning after being asked to clarify if Inyatsi Group Holdings’ decision to buy other entities was not in violation of the Competition Act, the CEO said, the Commission “is responsible for applying competition” rules to make sure that companies compete fairly with each other.
Dlamini further mentioned that,accordingly,the fundamental principle of fair competition “is that companies should compete on their merits and should not benefit from undue advantages” that may prevent other businesses from entering and competing in the marketplace.
“The reasons why one company may decide to purchase another vary based on the intended objectives of the purchaser. Taking into consideration that companies do not only grow because of their own efforts, the option is for some companies to purchase others in order to achieve the intended growth.Importantly, the decision taken by a company to purchase another is likely due to the fact that the purchaser is confident about future business prospects.As such, the merger or acquisition of a company by another is not a violation, in itself, as long as the processes defined by the Competition Act 2007 are followed when the purchase takes place.The role of the ESCC is to monitor and control the purchase of one business by another to ensure that those companies who may be subject to a related transaction do not engage in conduct that is in violation of the principles of fair competition as earlier explained,”said the CEO of the Eswatini Competition Commission(ECC).
When asked to explain and clarify as to what extent does the law allows companies or Group of Companies entities to expand their business interests,the Competition Commission CEO said, competition encourages businesses to become more efficient,innovative and motivates companies to invest in expanding their operations.He said companies are also encouraged to increase the market share as well as enter into new markets in the process of expanding.
“The Competition Act 2007,which established the Eswatini Competition Commission (ESCC) is mandated to provide for the encouragement of competition in the economy by controlling anti-competitive trade practices, mergers and acquisitions, protecting consumer welfare and providing for an institutional mechanism for implementing the objectives of the Act.In simple terms,the ESCC is responsible for creating a level playing field in order to give every business an opportunity to succeed in the marketplace.In fact, competition encourages businesses to become more efficient and innovative and motivates companies to invest in expanding their operations to increase market share as well as enter into new markets.Please note that Section 35 of the Competition Act regulates mergers and acquisitions which is a valid way in which a company may purchase another.In deciding whether to approve such a transaction,the ESCC will take into consideration a number of factors listed in the Competition Act 2007 to ensure that the purchase of one company by another does not result in a substantial lessening of competition in the relevant market,” he said.
Inyatsi Group Group Holdings has been reported to the Eswatini Competition Commission for allegedly purchasing various companies that are key to the economic backbone or transformation of the country.
But Michello Shakantu,the Inyatsi Group Executive Chairman when responding to this Swaziland News earlier said,the law was followed in the process of purchasing the companies.
“We have followed the law and everything is above board,”said the Inyatsi Group Executive Chairman.
On another note,Inyatsi Group has instructed lawyers from SV Mdladla and Associates to demand a retraction of letter where Tum DuPont, the owner of Tums WaterWorld Hotel who doubles as the President of the Federation of Eswatini Business Community(FESBC) was reporting Inyatsi to the Competition Commission.
Reached for comments on Monday evening,prominent lawyer Sdumo Mdladla confirmed receiving instruction from Inyatsi Group Holding to handle the matter.
“We can confirm receiving instructions from Inyatsi to handle the matter,”said the prominent lawyer.
Responding to this Swaziland News earlier,FESBC President Tum DuPont alleged that,local businesspeople were now frustrated by Inyatsi’s decision to purchase various companies.
“As you have seen in the letter,we are urging the Competition Commission to take action against Inyatsi Group and if this fails,we will go to court to seek interpretation if what Inyatsi is doing is in line with the principles of fair competition.Local businesspeople are frustrated and they always complain to us as FESBC hence we decided to take action,"said the FESBC President.
In the letter dated 30th November 2023,the FESBC President mentioned Eswatini Meat Industries, Eswatini Mobile,Nkonyeni Golf Estate, Lidwala Insurance Company,The Clinic Group,Umbuluzi Chicken,Inyatsi Construction,United Holdings and Maloma Colliery Limited(MCL)as some of the companies or entities under Inyatsi Group.
When asked to clarify the letter, the CEO of the Eswatini Competition Commission(ECC) confirmed receiving it but declined to divulge the nature of the correspondence as they dealing with the matter.
“Unfortunately,we cannot divulge the nature of the correspondence received but can confirm that there are related concerns that have been brought to our attention as the regulator for competition in Eswatini, which we are still considering,” said the CEO.
Eswatini Competition Commission(ECC) CEO Muzi Dlamini.