The Competition Commission South Africa
Tembinkosi Bonakele is a seasoned legal professional with extensive experience in competition law and regulatory affairs. Currently serving as the Deputy Commissioner at the Competition Commission since November 2008, Tembinkosi plays a critical role in case decision-making, overseeing various divisions including Mergers and Acquisitions, Enforcement, Exemptions, Cartels, and Legal Services. Prior to this role, Tembinkosi was the Divisional Manager for Mergers and Acquisitions at the Competition Commission from 2007 to 2008 and worked as an Attorney at Cheadle Thompson and Haysom from 2001 to 2005. Tembinkosi also gained international experience as an International Associate at Clifford Chance, contributing to corporate finance and antitrust matters. Academically, Tembinkosi holds an MBA in General Management from the Gordon Institute of Business Science, University of Pretoria, and has earned degrees in Law from the University of Fort Hare and Vista University, as well as attending the University of Amsterdam.
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The Competition Commission South Africa
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The Competition Commission has a range of functions in terms of Section 21 of the Competition Act. These include investigating anti-competitive conduct in contravention of the Chapter 2 of the Act; assessing the impact of mergers and acquisitions on competition and taking appropriate action; monitoring competition levels and market transparency in the economy; identifying impediments to competition and playing an advocacy role in addressing these impediments. Anti-competitive conduct, whether through price-fixing, information exchange or the abuse of a dominant position, has adverse effects on both consumers and the economy. Consumers are deprived of low prices and product choice. The overall economic effect would be a slow or negative economic growth rate, as companies become lazy to compete and innovate. The Commission balances issues related to consumer welfare with the broader social and economic goals outlined in the Competition Act, such as employment, international competitiveness, efficiency and technology gains, as well as the ability of small and medium sized businesses and firms owned or controlled by historically disadvantaged persons to compete. In order to ensure the consistent application of the Act across sectors, the Commission may negotiate agreements with other regulatory authorities, participate in their proceedings and advise, or receive advice from, any regulatory authority. The Commission is independent but its decisions may be appealed to the Competition Tribunal and the Competition Appeal Court. Commissioner, Tembinkosi Bonakele, is the Chief Executive Officer of the Commission and is responsible for the general administration of the Commission and for carrying out any function assigned to it in terms of the Competition Act. The two Acting Deputy Commissioners, Hardin Ratshisusu and Oliver Josie, assist the Commissioner in carrying out the functions of the Commission.