Description of Activities

Description: The Commission resolved to approve with conditions the proposed transaction that involves the acquisition by Marble Hill Investments (Pty) Ltd of the entire issued share capital of Namibia Marble and Granite (Pty) Ltd and Xclusive Marble Processing (Pty) Ltd from Franz Wittreich, Franz-Peter Wittreich, and Carmen Biance Wittreich.

Acquiring group: Marble Hill Investments (Pty) Ltd is a private company, recently incorporated in terms of the laws of Namibia, with no active commercial operations in Namibia. The acquiring group is ultimately controlled by two South African natural persons, namely, Mr. Willem Jacobus Odendaal and Mr. Jan Michiel Odendaal. The acquiring group is in the business of property investment, development, and holding and, on balance, has no commercial activity within Namibia.

Target undertaking: The target undertakings (Namibia Marble and Granite (Pty) Ltd and Xclusive Marble Processing (Pty) Ltd specialise in the mining and exporting of marble products. Specifically, the mining and exporting of white marble blocks, selling of marble aggregates and dust by-products, and processing of marble blocks into polished slabs for export.

Relevant market: The Secretariat, looking at the merging parties’ activities and considering the classification of the transaction, found it not necessary to definitively conclude on the relevant product market definition given that the transaction is classified as conglomerate, with no market share accretion. 

Merger Determination

The Commission found that the proposed transaction unlikely to result in the prevention or substantial lessening of competition or in any undertaking acquiring or strengthening a dominant position, but the proposed transaction does raise public interest concerns. Therefore, the Commission approved the proposed transaction subject to the following conditions: Employment; Skills development and training; Local Value Addition; and Environment Management and Rehabilitation.

Merger Determination No.5 of 2026