Manoim and carrim are both lawyers who have been in

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Unformatted text preview: who have been in private practise before and Wessels is an economist who has worked for the National Energy Regulator of South Africa and the Competition Commission of South Africa before. 4.4.5 Parliament The following documents from parliament form part of the sample: • Transcript of the public hearing of the National Assembly Portfolio Committee on Economic Development (Portfolio Committee) on the entry of Wal-Mart into South Africa. • Media release issued by Parliament on Wal-Mart public hearings. 4.4.6 SMME Forum From the SMME Forum, Tebogo Khaans’ witness statement at the Tribunal and an article published in the Business Day newspaper was part of the sample. 4.4.7 Media Articles from various newspapers and business magazines that were sourced from an electronic data base from a media monitoring agent, Newsclip Media, were reviewed. One hundred And thirty documents were elected to be part of the sample. 46 4.5 The Research Process 4.5.1 Data Collection As indicated above, this research exclusively relied on publicly available documents. A similar data collection method was used by Uusitalo and Rokman (2004). However, whereas Uusitalo and Rokman (2004) relied on limited data sources, such as media reports, this research had the added benefit of accessing data from the formal hearings held on Wal-Mart’s entry by official authorities, such as parliament and competition authorities. This research relies on a much richer source as the regulatory processes, parliamentary hearing, media articles and press statements by various stakeholders provided a treasure-trove of relevant documents. All documents used were in the public domain. The intended merger between Wal-Mart and Massmart was notified to the Competition Commission and objections were received from various stakeholders. In terms of the Competition Act, the Competition Commission made a recommendation to the Competition Tribunal on the merger. Following the filing of factual and economic expert witness statements, the Competition Tribunal held public hearings on the merger where oral evidence from Wal-Mart and Massmart executives, economic experts, objectors (government, trade Unions and SMMEs) and a competitor was heard. The Tribunal hearings were transcribed by an independent service provider. Following the Tribunal’s conditional approval of the takeover of Massmart by Wal -Mart, an outcry by trade unions and the government ensued, with claims that the conditions imposed by the Tribunal were inadequate to address the public interest issues emanating from the proposed take-over. Consequently, parliament convened public hearings on the transaction in order to better understand the implications and get the 47 concerns of stakeholders. The parliamentary hearings were transcribed by a service provider procured by the researcher. Print media articles were obtained from a media monitoring agent, Newsclip Media Monitoring, and cover the period September 2010 to September 2011. From the more than 450 articles that were collected, 130 were selected and thoroughly reviewed for the research. Articles offering the widest possible selection of stakeholder views were chosen. For example, an article reporting on a stakeholder’s views that were not found in any other article was chosen over articles that were very similar to others. Press releases were obtained from the websites of the organisations that issued them, apart from SACCAWU, whose press release was obtained from the COSATU website. There were thirteen press releases from Wal-Mart and Massmart, seven from the unions, three from the government, one from Parliament and one from the Competition Tribunal. The press releases covered the period from September 2010 to September 2011. All the documents used were readily available and in the public domain and provide a holistic view of the stakeholders. Some of the documents were generated during formal submissions in parliament and, in the case of Tribunal proceedings, made under oath; while some were generated in less formal environments such as media statements. The use of this variety in the types of documents was aimed at gathering as authentic a view on the position of the parties as possible. It is submitted that the data used for this research is robust and credible because: Senior executives of Wal-Mart and Massmart, the Vice-President and the Chief Executive Officer respectively, the Director General of the Department of Economic Development and trade union leaders gave 48 witness statements at the Tribunal. Some of them, other members of the public, and the president of COSATU made submissions at a subsequent parliamentary hearing. The information provided to the Tribunal was detailed and extensive. Witness testimony was subjected to cross-examination by opposing parties and questioning by the Competition Tribunal panel constituting two lawyers and an economist. The South African Competition Tribunal is required by law to give all sides the opportunity to be heard before it makes its decisions, and its processes and decisions are subject to judicial oversight. Parliament is a respected state inst...
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