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ZAMBIA 12. Advocacy Programmes To create a culture of competition and consumer welfare among consumers, business community, policymakers and other stakeholders. 13. Resolution of Disputes To ensure that consumers have recourse to formal or informal procedures that are expeditious, fair and inexpensive. 14. Inter-Institutional Linkages To harmonize the activities and legal framework of relevant institutions involved in competition and consumer welfare matters. • Carry out information dissemination activities. • Inform consumers about the regulatory bodies that can address their grievances. • Engage the media in the sensitization process by promoting competition and consumer programmes in electronic and print media. • Establish legal and institutional framework and clear administrative procedure. • Review of current legislation and amendment or repeal where necessary. • Encourage relevant authorities to cooperate with counterparts. • Create clear inter-institutional mechanisms for synergy Source: National Competition & Consumer Policy, May 2009, Ministry of Commerce, Trade and Industry, Republic of Zambia. The implementation framework of the Policy covered the following areas: (i) institutional arrangements; (ii) the Zambia Competition Commission; (iii) the judiciary; (iv) sector regulators; (v) law Box 6: Implementation Framework of the Policy 1. Institutional Arrangements: 105 enforcement agencies; (vi) legal and regulatory ing; and (viii) monitoring and evaluation. These are The institutions that will be important in the implementation of the Policy include the Commission, sector regulators and the Judiciary. The implementation of the Policy will require working in close collaboration with other stakeholders. 2. Zambia Competition Commission The primary institution mandated to implement the competition and consumer welfare policy is the Zambia Competition Commission (ZCC). The ZCC will monitor, control and prohibit acts or behaviour, which are likely to adversely affect competition, fair trading and consumer welfare in Zambia. Furthermore, the ZCC should be empowered to address such market disputes through effective enforcement of competition and consumer law. In addition, a Competition and Consumer Tribunal should be established to allow for due process. In order for ZCC to effectively implement the law, it should be accessible countrywide, thus the need to decentralize its operations. 3. The Judiciary The Judiciary through the court system shall play an important role in enhancing the enforcement mandate of the competition and consumer authority. In that regard, the Small Claims Court shall provide timely and cost effective resolution of disputes for small claims. The relevant authority and other institutions that deal with consumer protection shall refer appropriate cases to the Small Claims Court. The relevant authority and/or statute creating its existence shall develop an institutional coordination mechanism with the Small Claims Court for the purposes of identifying cases that may need the attention of either institution. ZAMBIA
106 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE 4. Sector Regulators Sector regulators will play a key role in competition and consumer protection enforcement through institutional linkages and coordination with the relevant authority. The sector regulators and the ZCC shall enter into memoranda of understanding to ensure coordinated implementation and enforcement of the legal framework. The following are some of the regulators need to coordinate with the competition authority: (i) Energy Regulation Board; Agency; (v) National Water Supply and Sanitation Council; (vi) Pharmaceutical Regulatory Authority; (vii) Zambia Bureau of Standards; (viii) Zambia Weights and Measures Agency; (ix) Bank of Zambia; (x) Securities and Exchange Commission; (xi) Pensions and Insurance Authority; (xii) Zambia Revenue Authority; (xiii) Zambia Wildlife Authority. 5. Law Enforcement Agencies The various law enforcement agencies shall coordinate and cooperate with the ZCC in the implementation and enforcement of the competition and consumer legislation. 6. Legal and Regulatory Framework A comprehensive and complementary legal framework facilitates easy enforcement of competition and consumer provisions of the law. However, the Zambian legal framework is comprehensive but fragmented on consumer agency the following legislations play an important role: (i) Telecommunications Act which provides regulation of Information Communication Technology sector; (ii) Public Health Act provides for public health and safety; and (iii) Food and Drugs Act which provides for standards for food and drugs. 7. Resource Mobilization and Financing The principal responsibility of the central government in the implementation of the policy will be to mobilize both ensure that the competition and consumer authority successfully implements the proposed government strategies and activities. A direct appropriation from Parliament would be an ideal process. 8. Monitoring and Evaluation The Ministry responsible for commerce, trade and industry shall provide political support and facilitate the monitoring of the implementation process and be responsible for evaluating policy benchmarks herein. The Ministry shall conduct periodic monitoring exercises to assess adherence to the provisions of the Policy and to determine whether intervention activities are contributing towards the policy vision and its outlined objectives. In monitoring the implementation of the Policy the ZCC or successor institution shall take the lead implementation agent role. Source: National Competition & Consumer Policy of the Republic of Zambia, May 2009. 2. SCOPE OF COMPETITION POLICY AND LAW In line with international best practice, and as suggested in the UNCTAD Model Law on Competition 122 , Zambia’s new Competition and Consumer Protection Act, 2010 (No.24 of 2010) (CCPA) is a general law of general application. It therefore places upon the Commission a great responsibility of promoting competition and protecting consumer welfare in the whole economy of Zambia through the effective enforcement of the Act. 2.1 Competition and Consumer Protection Act In 2010, the Competition and Fair Trading Act, 1994 was repealed and replaced by the Competition and Consumer Protection Act, 2010 (No.24 of 2010). The following in Box 7 is the text of a communiqué that the Commission released to the business community and consumers on that development:
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UNITED NATIONS CONFERENCE ON TRADE
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COMPARATIVE ASSESMENT COMPARATIVE A
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PREFACE This comparative assessment
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ZIMBABWE FULL REPORT ZIMBABWE
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ZIMBABWE TABLE OF CONTENTS PREFACE
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ZIMBABWE This report is part of the
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ZIMBABWE With the growing political
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ZIMBABWE of restrictive practices,
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ZIMBABWE competition authorities do
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ZIMBABWE (under Section 9); basical
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ZIMBABWE Full scale investigation i
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ZIMBABWE The fact that CTC has a co
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ZIMBABWE Table 2: Number of Competi
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ZIMBABWE Regarding the handling of
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ZIMBABWE Anti competitive agreement
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