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ZAMBIA It is recommended that competition law training be organized for members of the CCPT, and that the capacity of members and consumer protection policy and law be continuously built upon through the holding of periodical adjudicators’ seminars and workshops at which the other members of the Judiciary in Zambia, including Magistrates and Judges, would be invited. Section 60 of the Act provides that orders or directions of the Commission from its investigations can be appealed against to the CCPT by any aggrieved person or enterprise within thirty days of receiving the order or direction. Appeals against the decisions of the Tribunal can be made to the High Court in terms of section 75 of the Act, also within thirty days of the determination. The functions of the Tribunal in terms of section 68 of the Act are to: “(a) hear any appeal made to it under this Act; and (b) perform such other functions as are assigned to it under this Act or any other law”. Other functions assigned to the Competition and Consumer Protection Tribunal agreements or undertakings entered into by the Commission with enterprises under competition investigations; (ii) considering applications from the Commission for mandatory orders to enforce the payment of penalties imposed by the Commission against the concerned enterprises; (iii) considering applications from the Commission for mandatory orders on the enforcement of directions and undertakings; (iv) ordering divestiture, or declaring void any provision of a merger agreement, if a merger is implemented in contravention of the Act; and (v) considering applications from the Commission for orders prohibiting the sale of an unsafe goods. The Tribunal has strong powers in the undertaking of its adjudicative proceedings. In that regard, section 71 of the Act provides as follows: “(1) The Tribunal may – (a) order the parties or either of them to produce to the Tribunal such information as the Tribunal considers necessary for the purposes of the proceedings; or 141 (b) take any other course which may lead to the just, speedy and inexpensive settlement of any matter before the Tribunal. (2) The Tribunal may summon witnesses, call for the production of, or inspection of, books, documents and other things, and examine witnesses on oath, and for those purposes, the Chairperson is hereby authorized to administer oaths. (3) A summons for the attendance of any witness or the production of any book, document or other thing shall be signed by the Chairperson and served in the prescribed manner”. The Tribunal, which was established in 2011 but has still not commenced effective operations pending the adoption of its rules, however does not have powers of reviewing the imposition of criminal sanctions on breach of the country’s competition law, such powers rest with law courts. appointed by the Minister in terms of section 67(1) of the Act, as follows: “(a) a legal practitioner of not less than ten years legal experience, who shall be the Chairperson; (b) a representative of the Attorney-General, who shall be the Vice-Chairperson; and (c) three other mem- years experience and knowledge, in matters relevant to this Act”. The desired independence, or decision making ence is greatly compromised. Apart from being appointed by the Minister, its members may also be removed by the Minister for unspeci- The Secretariat of the Tribunal also consists of civil servants working in a government ministry, as provided for in section 69 of the Act, which provides that “the Ministry responsible for commerce shall provide the necessary secretarial and accounting services to the Tribunal to perform its functions under this Act”. It is recommended that the removal by the Minister of a member of the Competition and Consumer Protection Tribunal be on clear grounds and reasons that should be provided for in the Act. ZAMBIA
142 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE 3. INSTITUTIONAL FRAMEWORK 3.1 Resources Of the Commission’s present 29 full-time employees, 6 (or 21 per cent of the total number of employees) are in managerial positions, 14 (48 per cent) are in other professional positions, and 9 (31 port positions. A total of 17 managerial and professional staff is directly involved in competition and consumer issues, constituting about 60 per cent of the total number of employees. All the Commission’s professional staff has University degrees in their respective areas of competences (i.e., economics, law, administration, and accounts). The mix of economists and lawyers is however not adequate. The Commission presently only has 3 lawyers, and up to 15 economists. There is therefore need for more lawyers. Staff turnover in the Commission has been very low since 2008, mainly because of improved conditions of services, in terms of both basic salaries mission compare very favourably, not only nationally but also regionally. Over the last three years, the Commission has not lost any support staff, and lost only two professional staff. The Commission however has a serious human not commensurate with its current operations The Commission has a total of 37 positions on its staff establishment (the former ZCC only had 26 positions on its establishment), of which 29 are ganizational structure of the Commission is also shown in Figure 2 below. Table 2: Filled Positions on the Commission’s Staff Establishment (as at 16 October 2011) Department Staff Positions Total No. Filled Positions Executive Director, Personal Assistant, Chief Analyst 3 Mergers & Monopolies Department Director, Senior Research Analyst, Research Analysts 5 Consumer & Public Relations Department 5 Legal & Enforcement Department Director, Manager Legal, Legal Assistant 3 Finance & Administration Department Library Assistant, Drivers 11 Research Analysts 2 Total No. of Filled Positions on the Establishment 29 Source: Compiled from information obtained from the CCPC and stakeholder expectations. For example, the Commission’s Legal & Enforcement Department is manned by only 3 people, while the number of competition and consumer cases requiring legal advice and enforcement is on the increase. The Mergers & Monopolies Department and the Consumer & Public Relations Department are also which over-strains the Departments in terms of in- advocacy and awareness activities. The Kitwe of- Zambia that funding is the major impediment to The Universities should be the natural pool of trained personnel for the Commission in the spe- ever, none of the Universities in Zambia are currently offering courses in subjects connected to competition policy and law. The Commission recently appointed on a parttime contract basis 10 Inspectors in terms of section 7 of the Act. Plans are to appoint a total of 60 such Inspectors based in all the country’s nine
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UNITED NATIONS CONFERENCE ON TRADE
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UNITUNITED NATIONS CONFERENCE ON TR
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COMPARATIVE ASSESMENT COMPARATIVE A
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PREFACE This comparative assessment
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PREFACE Finally in the United Repub
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PREFACE the market price but constr
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Page 176 and 177: ZIMBABWE TABLE OF CONTENTS PREFACE
Page 178 and 179: ZIMBABWE This report is part of the
Page 180 and 181: ZIMBABWE With the growing political
Page 182 and 183: ZIMBABWE of restrictive practices,
Page 184 and 185: ZIMBABWE competition authorities do
Page 186 and 187: ZIMBABWE divided according to geogr
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Page 192 and 193: ZIMBABWE (under Section 9); basical
Page 194 and 195: ZIMBABWE Full scale investigation i
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ZIMBABWE (ii) to produce any book,
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ZIMBABWE The fact that CTC has a co
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ZIMBABWE tariat of technocrats, who
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ZIMBABWE Table 2: Number of Competi
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ZIMBABWE Regarding the handling of
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ZIMBABWE (Emphasis by the author) b
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ZIMBABWE Section 5 (1) (f) that pro
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ZIMBABWE Whilst the arguments can b
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ZIMBABWE Anti competitive agreement
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ZIMBABWE by conducting its case det
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