The South African Competition Tribunal has blocked attempts by Vodacom to acquire a significant stake in Maziv, a subsidiary of Community Investment Ventures Holdings (CIVH).
If the proposed deal had sailed through, Vodacom would have held a 30% to 40% share in Maziv, combining its assets with those of Dark Fibre Africa (DFA) and Vumatel, two of the country’s largest fibre network operators owned by CIVH.
Media reports reveal that the deal was rejected after nearly two years of regulatory review, with the decision culminating in an extensive 26-day hearing that concluded in September 2024.
A statement by Vodacom which describes the decision as deeply surprising and a disappointment, said both the telecom company and Maziv are awaiting the Tribunal’s detailed rationale for the ruling and may consider an appeal through the Competition Appeal Court to explore other potential options for moving forward.
The Tribunal’s ruling came after the Competition Commission recommended the deal be prohibited due to potential risks to competition in the telecom sector and, consequently referred the matter to the Competition Tribunal.
This was after the Independent Communications Authority of South Africa (ICASA) approved the merger in November 2022, with Vodacom arguing that the merger would help bridge South Africa’s digital divide by expanding fibre connectivity in underserved communities.
As part of the deal, Vodacom would have committed to investing over R10 billion ($565.5 million) in fibre infrastructure, primarily in low-income areas, over five years.
“This investment aimed to pass over one million new homes with fibre connections, especially in under-resourced areas. The telecom giant planned to create up to 10,000 jobs, allocate R300 million ($17 million) to small business development, and extend free high-speed internet access to over 600 nearby schools and police stations,” the company had said in an earlier statement.
However, the Tribunal said 6vthe transaction would consolidate Vodacom’s standing as South Africa’s largest mobile operator with a dominant position in the fibre infrastructure market, potentially harming competition.
The ruling followed detailed testimony from several competitors, including MTN, Telkom, and Rain, as well as the Department of Trade, Industry and Competition (DTIC) with competitors expressing concerns that the merger would disadvantage smaller internet service providers, making it harder for them to compete fairly in the market.