Resources - Submissions

Action on SABC & Multichoice Deal

14 May 2015

UPDATE: 14 May 2015. SABC has made an application to dismiss with lack of jurisdiction among the reasons, See the documents below.

UPDATE: 1 April 2015. On 27 March 2015, the applicants in this case received the letter below: demanding that the documents published on this website be removed, despite them being in the public interest and there being no legal precedent to make such a request. View the letter and response below.

5 May 2015 SABC application to dismiss..

5 May 2015 Affidavit Verona Duwarkah

17 April Answering affidavit.

27 March 2015: Letter demanding MMA take down documents from website.

30 March 2015: Response to letter demanding MMA take down documents from website.

9 April 2015: Response to MMA’s reply.

On 17 February 2015, MMA and SOS joined Caxton Publishers in an application to the Competition Tribunal in which we call on Multichoice and the SABC to notify the Competition Tribunal of a Merger. The application and responses are now available online.

It is our shared view that in terms of Section 12 of the Competition Act, the deal entered into between the SABC and Multichoice, in which Multichoice acquired control over part of the SABC business, constitutes a mandatory notifiable merger. We are not aware of any attempt to notify the Competition Tribunal of such a merger. If the deal is proven to be a notifiable merger it will enable us to oppose the merger on the basis that it is not in the public interest for it to take place.

The following documents relating to the case are now available to view or download:

13 Feb 2015: Caxton, MMA and SOS application.

9 March 2015: 1st response from Cliffe Dekker Hofmeyr Inc, acting for SABC.

12 March 2015: 2nd response from Cliffe Dekker Hofmeyr Inc, acting for SABC.

30 March 2015: Supplementary affidavit-  Part one:Caxton.

11 Feb 2015: Supplementary affidavit-  Part two Competition commission.

31 March 2015: Supplementary affidavit-  Part three: MMA.

For more contact:
William Bird (MMA): 082 887 1370
Sekoetlane Phamodi (SOS): 076 084 8077