SIYABULELA MAKUNGA

The difficult and challenging economic conditions that continue to engulf South African society call for competition regulation that is no longer just about market efficiencies and consumer welfare.

It is becoming a regulation that is focused on the restoration of human dignity, equal opportunities and the creation of a conducive environment for social and economic redress.

In an “all hands-on-deck” response, there should be no room to rest if our economy is bleeding deficits in public infrastructure development, industrialisation and the lack of greater participation of small, medium and micro enterprises (SMMEs) in the mainstream of the economy.

The commission is redefining what competition enforcement can achieve.
— Siyabulela Makunga

In her response to the 2026 budget adjustments, minister of small business development Stella Ndabeni-Abrahams said: “These adjustments are more than just numbers; they are a direct investment in the confidence of our small business sector.

“We are committed to complementing these fiscal measures with our own non-financial support. This includes improving access to markets, enhancing business development support and strengthening the overall capacity of our entrepreneurs to ease the means of doing business.”

In full view of the evolution of markets, the Competition Commission chooses to adopt more people-centred regulations as a lever for social change. Settlements adjudicated by the Competition Tribunal are not just about correcting industry behaviour but about compelling companies to contribute meaningfully to the public good.

The commission’s recently announced settlement agreement with Wilmar SA is a powerful illustration of this paradigm shift.

For nearly a decade, Wilmar was among several edible oil producers investigated for price fixing in the edible oils and baking fats market. While the administrative penalty of R1m may seem like a footnote, the real story lies in the R49.5m in public interest commitments that Wilmar will roll out over the next five years with investments targeted not at markets, but at people.

At the heart of these commitments is a R25m bursary fund, specifically supporting historically disadvantaged students entering the food and agro-processing fields. Half of all beneficiaries must be women, a deliberate step toward gender equity in sectors where women remain under-represented.

The inclusion of learnerships and apprenticeships strengthens the link between education and employment, an essential bridge for young people trying to enter the workforce. Wilmar also undertook to channel R14.5m into school infrastructure, including helping to eradicate pit latrines in rural schools, which are still a painful reality for thousands of learners.

Another portion will go toward building and refurbishing schools, grounding the settlement in tangible, everyday improvements for children.

This is proof that public interest conditions in settlements are no longer the exception but the norm. Last year, the Willowton Group reached one of the largest settlement agreements to date: a R101m package, of which a staggering R100m was dedicated to public interest obligations. These included a R20m bursary trust, R30m in food donations to NGOs that serve vulnerable households and R50m in procurement from level 1 B-BBEE compliant suppliers.

Even Sea Lake Investments, another respondent in the edible oils investigation, concluded a settlement with the commission, further evidence of a coordinated regulatory approach that uses competition enforcement as a platform for social investment. Taken together, these cases mark a quiet but game-changing transformation in SA’s regulatory landscape.

By steering settlements toward development outcomes, the commission is redefining what competition enforcement can achieve. It shows that when regulation is applied with intention, it becomes one of the country’s most powerful tools for driving inclusive, long-term social change.