Greetings communist cadres,
 
Thank you cde Mluleki, I fully concur that the Competition Tribunal committed 
gross irregularities in arriving at its decisions. There is a serious error of 
judgement on the conditions sanctioned by the Tribunal as they do not only fail 
to satisfy public interest but create a fertile ground for the merged entity to 
erode the ability of local players to compete and create job opportunities.
 
The condition that says "the merged entity must ensure that there are no 
retrenchments, based on the merged entity’s operational requirements in South 
Africa, resulting from the merger, for a period of two years from the effective 
date of transaction", is very elusive and self-defeating. Walwart would simply 
adopt a practice of labour broking and casualisation to pay a lip service to a 
condition of ensuring that "there are no retrenchments".
 
The Tribunal further allowed the US retailer to overstate the commercial 
benefits of the merger at the risk of greater losses in our economy, resulting 
in more imports, less procurement from local suppliers and further job losses 
as a direct consequence. It also failed to secure concrete commitments from the 
US retailer to leverage the risk in terms of food security and local 
manufacturing and production with a view to stimulate the creation of 
sufficient, decent and sustainable jobs in the best interests of the country.
 
In the end, SA may see a further pickup in imports to worsen our trade deficit, 
and thus put government in a bad light for being complacent and dithering on 
making necessary intervention to mitigate the risk akin to the merger. The 
reality is that mergers with less desirable foreign investment impact in the 
economy create a legitimate expectation on the authorities to conduct a 
rigorous checks and balances in the context of the economic situation in the 
country.
 
At the end of the day, the crisis of global capitalism is far from over and 
tri-ministerial (Economic Development, Trade and Industry and Agriculture, 
Forestry and Fisheries) was duty bound to intervene and safe-guard our country 
from far-reaching effects in the economy as a result of the Walmart/Massmart 
merger.
 
Remain,
Morgan Phaahla


"Sometimes, if you wear suits for too long, it changes your ideology." - Joe 
Slovo

--- On Wed, 8/3/11, Mluleki Mntungwa <[email protected]> wrote:


From: Mluleki Mntungwa <[email protected]>
Subject: [COSATU Daily News] SACCAWU/ Government/ Walmart go to court
To: [email protected]
Date: Wednesday, August 3, 2011, 10:43 AM






 
The Competition Appeal Court set date for Walmart merger. Anti Walmart Campaign 
goes to Africa. 
 
I received a letter from a worker who used to work for Score  Supermarket 
(Massmart subsidiary). He is now languishing at home as a result of Massmart’s  
retrenchment drive in preparation for the merger.
 
It would be nice to put a human face to this whole thing. 
 
Just a thought.
 
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