Regulating Institutional Mergers in South African Higher Education: The role and impact of Section 11 of the Competition Act

Mzwanele Toni ORCID iD & Paul S. Masumbe ORCID iD

Issue: Vol. 7 No.5  2026 Article 11 pp.1311 – 1322
DOI: https://doi.org/10.38159/ehass.20267511 Published online 23rd June 2026

© 2026 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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This study examines the application of Section 11 of the Competition Act 89 of 1998 in the regulation of mergers and acquisitions in South African higher education. Section 11 aims to prevent anti-competitive practices that could harm consumers and restrict market competition, while allowing institutions to consolidate resources to improve efficiency and accessibility. The study explored the tension between promoting competition and supporting institutional growth, highlighting how regulatory oversight can enable and constrain strategic mergers. The study addressed the following questions: (i) Can Section 11 be applied in a manner that balances competition objectives with the transformative goals of higher education policy? (ii) Does the Competition Commission’s regulatory approach adequately consider public interest, institutional sustainability, and academic development when assessing higher education mergers? This study outlines the framework and objectives of Section 11 and explores the Competition Commission’s role and investigative powers. This study also analyses the merger of Walter Sisulu University as a case study.  Through the analysis of existing literature, including that on the mergers that formed Walter Sisulu University and North-West University, the study demonstrated how the Competition Commission balances legal compliance with broader educational and social objectives. The study contributes to the understanding of how competition law intersects with higher education policy, providing insight into the governance of institutional mergers that promote efficiency, equity, and long-term social benefit in South Africa.

Keywords: Section 11, Competition Act, Higher Education, Mergers and Acquisitions, Competition Commission, Institutional Growth, Social Equity

Legislation & Case Law

Competition Act 89 of 1998

Competition Amendment Act 18 of 2018.

Competition Commission vs Ethekwini Municipality Competition Tribunal 2012.

 

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Mzwanele Toni is a Quality Assurance Manager, responsible for programmes that are being accredited by their professional bodies or undergoing national reviews by the Council for Higher Education (CHE) at Walter Sisulu University. He was a student and graduated with an LLB from the School of Law at Walter Sisulu University. His research interests include how Institutions are merged and the role and impact of Section 11 of the Competition Act during mergers.

Professor Paul S. Masumbe (LLD) is Associate Professor & Head of School of Law, Walter Sisulu University. He is an external examiner for master’s and doctoral degrees in law at various universities and a journal reviewer. His research interests include International Criminal Law, Human Rights Law, Labour Law with emphasis on dismissal, and selected areas of Private Law.

Toni, Mzwanele, and Paul S. Masumbe. “Regulating Institutional Mergers in South African Higher Education: The role and impact of Section 11 of the Competition Act.” E-Journal of Humanities, Arts and Social Sciences 7, no.5 (2026): 1311 – 1322. https://doi.org/10.38159/ehass.20267511

© 2026 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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