Description of Activities

Description: The Commission resolved to approve with employment conditions the acquisition by Michiel Christiaan Eloff (“Michiel”), Martha Aletta Eloff (“Martha”), Stephanie Eloff, and Cristina Eloff (collectively “the Purchasers”) of the shares in Puzzle Investments Number One Hundred and Twenty-Five Close Corporation.

Acquiring group: The primary acquiring undertakings are Michiel, Martha, Stephanie Eloff, and Cristina Eloff. The first primary acquiring undertaking, Michiel, a South African male who controls several entities, including Waterfront Estate Self Catering Services CC in Swakopmund, Namibia; Grand Tswana Holdings (Pty) Ltd in Sekoma, Botswana; and Molopo Trading Company (Pty) Ltd, also in Sekoma, Botswana. The second primary acquiring undertaking is Martha, a South African who controls Grand Tswana, Molopo Trading, and MMSC CC in Vryburg, South Africa. The rest of the Purchasers are not undertakings according to the Competition Act 2 of 2003. The acquiring group is involved in the provision of accommodation services in Namibia. 

Target undertaking: The primary target undertaking, Puzzle Investments Number One Hundred and Twenty-Five Close Corporation, is involved in the provision of a fuel retail outlet, including a Shell-branded fuel forecourt, a Spar franchised convenience shop, a bakery, a fast-food outlet, and a grocery liquor outlet.

Relevant market: The Secretariat defined the relevant market to be the fuel retailer services market in Swakopmund, Namibia.  

Merger Determination

The Commission has found the proposed transaction unlikely to result in the prevention or substantial lessening of competition but does raise public interest concerns, particularly regarding employment. In order to safeguard the employment of the employees of the target undertaking. Thus, the Commission approved the merger subject to employment conditions.