a tripartite report - Unctad

140 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
the interpretation of a Statutory Instrument that
had been gazetted by the Minister of Transport
and Communications under the ICT Act to foreclose
entry into the mobile cellular phone and
thus violating the provisions of the Competition
Act. The Commission had not informed or
consulted the Authority, as it usually did on issues
affecting competition in the sector, before
making the court application. The Authority was
therefore left with no choice but to oppose the
application since it was the administrator of the
Statutory Instrument in question. The Authority
felt that the above disagreement with the Commission
was caused by lack of information and
consultations before the matter was referred to
the courts by the Commission. With the signing
of the MoU between the two regulators, similar
disagreements should not arise since the MoU
provides for the establishment of a Committee
to facilitate exchange of information between
the two.
In response to the above concerns, the Commission
was rather surprised that ZICTA was complaining
that the Commission did not consult the
Authority before taking the issue of the Statutory
Instrument to the High Court for interpretation
when the Authority did not consult the Commis-
Statutory Instrument with the knowledge that it
was in violation of the provisions of the Competition
Act. The Commission however agreed with
the Authority that similar disagreements should
not arise with the signed MoU between the two
regulators in place.
2.7 Judicial Review
The judicial system in Zambia is at four levels, starting
with the lower courts up to the Supreme Court. The
lowest courts are the local (traditional) courts, which
consider cases of a customary nature (divorces, child
maintenance, adultery, witchcraft, etc.). The next level
of courts are the Magistrates Courts, consisting of
both lay Magistrates, who are trained for periods of
not less than two years, and professional Magistrates,
who are trained lawyers. The courts hear matters on
They hear civil cases involving up to Kwacha 30 mil-
those that attract capital punishment.
The higher courts are the High Court of Zambia,
consisting of Judges, and the Supreme Court of
Zambia, which is the highest court in Zambia.
All court appeals in Zambia are dependent on
the aggrieved party making the appeal within the
stipulated 30-day time frame. The appeal period is
not based on working days but on calendar days
if more than 7 days. There are plans to reduce the
possible. 158
The new Competition and Consumer Protection
Act, 2010 provides for the setting up of a Competition
and Consumer Protection Tribunal (CCPT) to
hear appeals against the decisions of the Commission.
Even though the Tribunal was established in
2011, its rules had not been gazetted by the end of
that year. In the absence of the rules of the Tribunal,
all appeals against the decisions of the Commission
have to be made directly to the High Court.
visit to Zambia expressed mixed sentiments on the
involvement of the CCPT in the appeal process.
One view was that the involvement of the Tribunal
would lessen the costs of appeal to the parties. The
other view was however that the Tribunal would be
a further impediment in the appeal process, which
would merely lengthen the process, since it would
be an intermediary appeal body before the matter
is referred to the High Court if its decision is appealed
against.
Not many competition and consumer protection
cases have undergone judicial review. The few reviewed
cases have included two criminal cases in
the Magistrates Court against Zambia Breweries
Group, involving foreign bodies in a sealed beer
bottle in contravention of section 12(e) 159 of the
old Competition and Fair Trading Act, 1994, and
abuse of dominance in contravention of section
7(2)(e) 160 of the same Act, and two Commission
applications to the High Court for interpretation
of Statutory Instrument No.11 of 2009 (Reserved
Services Order), 2009, and for the interpretation of
the meaning of the terms ‘merger’, ‘takeover’ and
‘acquisition’.
The judiciary in Zambia has therefore not had
much experience in considering competition and
consumer protection cases, and requires capacity
building in that area through the holding of adjudicators
seminars and workshops.