New Competition Commission deputies: what changes for mergers and complaints — 14 August 2026
The appointments strengthen the Competition Commission’s leadership, but they do not change the legal tests applied to mergers or prohibited practices. Here is what businesses and consumers should know.
Two new Deputy Commissioners will join South Africa’s Competition Commission from 1 September, strengthening the leadership team responsible for merger reviews, investigations and market inquiries.
Trade, Industry and Competition Minister Parks Tau has appointed Busikhosibakhe David Majenge and Tamara Leigh Mokoka to the roles. Both arrive with substantial experience inside the regulator: Majenge has led its legal services work and served as Chief Legal Counsel and Acting Deputy Commissioner, while Mokoka has led the Mergers and Acquisitions Division.
The appointments matter to companies planning transactions, small firms concerned about exclusionary conduct and members of the public reporting suspected anti-competitive behaviour. They do not, however, rewrite the Competition Act or automatically change the outcome of any current case.
The practical effect is additional permanent executive capacity in an institution that investigates and prosecutes competition matters. Decisions still have to follow the law, evidence and the division of responsibilities between the Commission, Competition Tribunal and Competition Appeal Court.
What a Deputy Commissioner actually does
Section 23 of the Competition Act allows the Minister to appoint Deputy Commissioners with suitable experience in economics, law, commerce, industry or public affairs. Their role is to assist the Commissioner in carrying out the Commission’s functions.
The Act also provides for a Deputy Commissioner to act when the Commissioner cannot perform the role or when the office is vacant. One or more deputies may be made responsible for conducting market inquiries.
That makes the posts more than ceremonial. Market inquiries examine whether structural features or conduct in a sector prevent, restrict or distort competition, even when the starting point is not a complaint against one named company. Leadership capacity can affect how efficiently complex evidence, legal questions and public-interest considerations are managed, although statutory safeguards still govern the process.
What businesses need to know about merger notification
The Commission’s dedicated threshold page says new merger thresholds have applied since 1 May 2026.
An intermediate merger must be notified when the combined annual turnover or asset value of the acquiring and target firms reaches at least R1 billion and the target firm’s annual turnover or asset value is at least R200 million.
A large merger reaches the higher threshold when the combined value is at least R9.5 billion and the target’s value is at least R280 million.
Transactions below those levels are generally categorised as small mergers, but “small” does not always mean invisible to the regulator. The Competition Act allows the Commission to require notification of a small merger if it may substantially prevent or lessen competition or cannot be justified on public-interest grounds. The Commission’s guidance also identifies circumstances involving firms already under investigation or facing pending proceedings.
Companies should not rely on an old threshold copied from an archived guide or previous deal. The figures changed in 2026, and the legal question is not based only on the cash purchase price. Turnover, assets and the acquisition of control all matter.
Where a proposed transaction meets the notification test, implementation should not be treated as a formality. The Commission assesses whether a merger is likely to reduce competition and also considers public-interest factors specified in the Act.
A complaint is about competition, not every bad customer experience
The Competition Commission says any person may provide information about an alleged prohibited practice and may formally lodge a complaint. A complainant should identify the respondent, describe the conduct, say whether it is continuing and provide dates, supporting documents and contact details.
Useful evidence may include contracts, correspondence, price schedules, tender records or other material that shows the conduct and its effect. A general assertion that a company is “too expensive” or treated one customer poorly will not by itself establish anti-competitive conduct.
The Commission’s remit concerns competition problems such as restrictive practices, cartel conduct or abuse of dominance. An ordinary dispute over a faulty product, a refund or service quality may belong with a sector ombud, the National Consumer Commission or another regulator instead. Businesses and consumers should describe the market conduct rather than choosing an agency only because its name includes the word “competition”.
The Commission’s published complaint process also allows a person to request confidentiality for economically valuable trade, business or industrial information. That request must be motivated properly. A person seeking to keep their identity confidential should understand that anonymous status can affect whether they are recognised as the formal complainant.
What the appointments do not mean
The arrival of two deputies does not mean a tougher or more permissive rule automatically applies from 1 September. The Competition Act remains the controlling framework, and the Commission is required to act independently and impartially.
Nor should the appointments be read as a prediction about a particular merger, market inquiry or enforcement case. Majenge’s legal background and Mokoka’s merger experience indicate relevant institutional knowledge, but individual matters must still be decided on their own records.
For business, the most immediate lesson is operational: use the current thresholds, identify changes of control early, preserve accurate transaction records and seek specialist advice where a deal or market practice raises competition questions.
For consumers and smaller suppliers, the useful step is equally practical: document the conduct, the firms involved, the dates and the effect on competition before lodging a complaint.
EBNewsDaily’s initial report on the appointments carries the official biographies and effective date. The legal role of deputies is set out in the consolidated Competition Act, while the Commission publishes its current merger thresholds and complaint process for businesses and the public.
Leadership changes can shape capacity and priorities, but the key test for companies remains unchanged: comply with the law, notify qualifying transactions and support any complaint or defence with evidence.