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Philip Jennings, General Secretary of UNI Global Union, stated, "We said all along that Walmart had popped the celebration corks too soon. The more the authorities probed the less forthcoming Walmart became. They have paid for their lack of integrity toward the process. No-one is buying their excuses on their inability to divulge information. This appeal was wholly justified. Walmart think again."

UNI, its South African affiliates SACCAWU and COSATU and the North American United Food and Commercial Workers Union (UFCW) are more convinced than ever that the findings of the Competition Tribunal should not stand.



The contentions of Walmart and Massmart that there would be no further information available if the matter was referred back to the Tribunal is wholly unacceptable given the comments of the Appeal Court's chairing judge during the hearing. Judge Denis Davis said that the lack of usable information was centrally problematic.



Michelle LeRoux, counsel for the unions, stated that the conditions fall far short of those necessary to mitigate the negative effects of the merger.



Despite the fact that both the unions' and the Government's legal teams showed some flexibility in their discussions with the judge, legal representatives for Walmart and Massmart refused to countenance any compromise.



Michael Bride, Deputy Organizing Director of the UFCW, stated, "We have seen ventilated over the past two days the deficiencies in the Tribunal process. As good as the merger approval process in South Africa undoubtedly is it failed to deliver for workers and suppliers on this occasion, in the main part because of the litigious approach adopted by Wal-Mart and Massmart throughout." Bride continued, "The Appeals Court must take account of what the unions and the Government have said and hold that the current ruling cannot stand and must be rectified in order to give effect to the protections afforded to workers, suppliers and historically disadvantaged individuals under the legislation."



Mike Abrahams, Media Officer of SACCAWU, stated, "We will wait to see what the Court rules, but the 574 workers who no longer have a job because of this merger, as is our conviction, will demand that justice be served and that their reinstatement be ordered." Abrahams concluded, "Equally, we are cognisant that the pressures that will be faced by domestic suppliers must be properly taken account of, as it has not been to date, and that is why we have called for prohibition or, in its absence, amended conditions in this regard also".



Judge Denis Davis said the court had the option of refusing the appeal, changing the conditions attached to the tribunal’s approval, or agreeing to a review of the proceedings which would involve a new hearing by the tribunal.

The decision of the Competition Appeals Court is expected in the first quarter of 2012.