Dipula Income Fund and Unlocked Properties 18

The judgment

The court's own file

competitiontribunal SOUTH AFRICA COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: LM159Feb20 In the matter between: Dipula Income Fund Limited Primary Acquiring Firm And Unlocked Properties 18 Proprietary Limited Primary Target Firm Panel : M Mazwai (Presiding Member) Y Carrim (Tribunal Panel Member) : | Valodia (Tribunal Panel Member) Heard on > 25 March 2020 Decided on : 25 March 2020 ORDER Further to the recommendation of the Competition Commission in terms of section 14A(1)(b) of the Competition Act, 1998 (“the Act”) the Competition Tribunal orders that— 1. the merger between the abovementioned parties be approved in terms of section 16(2)(a) of the Act; and 2. a Merger Clearance Certificate be issued in terms of Competition Tribunal Rule 35(5)(a). , AWA PAN GA 25 March 2020 Presiding Mernber Date Ms Mondo Mazwai Concurring: Ms Yasmin Carrim and Prof. Imraan Valodia competitiontribunal SOUTH AFRICA Merger Clearance Certificate Date: 25 March 2020 Toi Cliffe Dekker (Name and file number of merger:) Dipula Income Fund Ltd and Unlocked Properties 18 (Pty) Ltd | Case Number: LM159Feb20 You applied to the Competition Commission on 19 February 2020 for merger approval in accordance with Chapter 3 of the Competition Act. Your merger was referred to the Competition Tribunal in terms of section 14A of the Act, or was the subject of a Request for Consideration by the Tribunal in terms of section 16(1) of the Act. After reviewing all relevant information, and the recommendation or decision of the Competition Commission, the Competition Tribunal approves the merger in terms of section 16(2) of the Act, for the reasons set out in the Reasons for Decision. This approval is subject to: no conditions. [| the conditions listed on the attached sheet. The Competition Tribunal has the authority in terms of section 16(3) of the Competition Act to revoke this approval if a) it was granted on the basis of incorrect information for which a party to the merger was responsible. b) the approval was obtained by deceit. c) a firm concerned has breached an obligation attached to this approval. The registrar, Competition Tribunal: This form is prescribed by the Minister of Trade and Industry in terms of section 27 (2) of the Competition Act 1998 (Act No. 89 of 1998).