COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No: LM144Jan20/VAR197Mar23
In the matter between:
Thabong Coal (Pty) Ltd First Applicant
South32 SA Coal Holdings (Pty) Ltd Second Applicant
Seriti Resources Holdings (Pty) Ltd Third Applicant
And
Competition Commission of South Africa Respondent
AW Wessels (Presiding Member)
M Mazwai (Tribunal Panel Member)
Panel:
S Goga (Tribunal Panel Member)
Heard on: 31 March 2023
Decided on: 31 March 2023
Order
Having considered the unopposed application for the variation of the Conditions imposed by the
Competition Tribunal in the merger between Thabong Coal (Pty) Ltd and South32 SA Coal
Holdings (Pty) Ltd, Tribunal case number LM144Jan20, (“the Conditions”), it is ordered that:
1. To the extent that the Conditions impose any obligation on Thabong Coal (Pty) Ltd, such
obligations will transfer to Seriti Resources Holdings (Pty) Ltd on the date on which
Thabong Coal (Pty) Ltd transfers the shares that it holds in Seriti Power (Pty) Ltd
(formerly South32 SA Coal Holdings (Pty) Ltd) to Seriti Resources Holdings (Pty) Ltd.
31 March 2023
Presiding Member
Mr Andreas Wessels
Date
Concurring: Ms Mondo Mazwai and Ms Shaista Goga