Jin Jiang Merger with NKP

As you know the South African Competition Commission gave the all clear in 2015 for Jin Jiang to merge with NKP. In this case "merger" is the takeover of all Minority holders.

Due to the time lapse I recently requested clarification whether the original application and decision were still valid. Following is the reply from the Commission.

The Competition Commission (Commission) notes that your below queries essentially requires the Commission’s view on whether Jin Jiang Mining Limited and Nkwe Platinum Limited are required to re-file their merger, which was approved in 2015 by the Commission given that it has not been implemented.  

The Competition Act 89 of 1998, as amended (Competition Act), is silent on whether an approval lapses if it is not implemented within a certain period.

The absence of an express provision by the Competition Act to this effect requires the Commission to formulate its view on whether a transaction that has already been approved requires re-notification if it has not been implemented within a specific time. As indicated, the Commission is currently before the Constitutional Court on a similar matter, where the Commission provided an opinion on whether a merger is notifiable and its opinion was challenged by the parties because they did not agree with it. The Commission has therefore taken a decision to suspend issuing advisory opinions to parties pending the outcome of the Constitutional Court process.


Nothing is simple in South Africa!!!!!!!!