a tripartite report - Unctad

ZIMBABWE
(Emphasis by the author) but shall not be construed
so as to:
(a) limit any right acquired under:
(i) the Plant Breeders Rights Act [Chapter
18:16]; or
(ii) the Copyright Act [Chapter 26:01]; or
(iii) the Industrial Designs Act [Chapter 26:02];
or
(iv) the Patents Act [Chapter 26:03]; or
(v) the Trade Marks Act [Chapter 26:04];
Except to the extent that such a right is used for
the purpose of enhancing or maintaining prices
or any other consideration in a manner contem-
section two; or
(b) preventing trade unions or other representatives
of employees from protecting their
members’ interests by negotiating and concluding
agreements and other arrangements with employers
or representatives of employers in terms of
the Labour Relations Act, [Chapter 28:01].
Exemptions
emptions
other than those provided in section 3
(1). According to this provision; CTC is deemed
to have jurisdiction over all the regulated sectors
(network based utilities) which would entail electricity,
petroleum, water, gas collectively known as
energy; communication; surface and marine transport
and civil aviation sectors. ZCA has also overlooked
commonly found phenomenon known as
block exemption that exempts (after assessment)
petition
law. Such activities include price setting for
cash crops in agricultural markets.
Statutorily, the CTC is not barred from exercising
its jurisdiction in the regulated sectors despite the
fact that the sectoral regulators are also mandated
by their laws to deal with competition issues.
4.2.1 The Postal and
Telecommunication Sector
Section 4 (1) (f) of the Postal and Telecommunication
Act provides that one of the functions of the
201
Postal and Telecommunications Regulatory Authority
of Zimbabwe (POTRAZ) shall be to maintain
and promote effective competition between
persons engaged in the provision of postal and
telecommunication services and any activities
connected therewith.
The Act neither stipulates how the function shall
be dealt with nor does it provide for a mechanism
for the interaction between POTRAZ and
the CTC in so far as competition matters are
concerned. Interviews with the POTRAZ staff
showed that these issues are not even provided
for in the regulation. There has been an attempt
to establish a Memorandum of Understanding
(MoU) between POTRAZ and CTC that could address
this matter but it has not come into being
for among other reasons lack of legal basis for
such MoU in both the legislation establishing
the two institutions.
tutions
co-exist in professional harmony, based on
laws as they currently exist, provide for recipe for
clashes between the two institutions.
4.2.2 The Energy Sector
The Petroleum Act, 2006 and the Electricity Act,
2002 are read together with the Energy Regulatory
Authority Act, 2011 as a sectoral legislation.
Section 4 (1) (g) of the Energy Regulatory Authority
Act, 2011 provides that one of the functions
of the Zimbabwe Energy Regulatory Authority
(ZERA) shall be to maintain and promote effective
competition within the energy industry.
The Petroleum Act, 2006 provided in Section 52
that the Authority shall have the responsibility for
monitoring whether the provision of petroleum
products is being done competitively.
The Electricity Act, 2002 has dedicated the whole
of Part X for Competition and Market Power, the
act further provides in Section 59 that ZERA shall
have the ongoing responsibility to monitor whether
electricity services are being provided competitively,
and in particular shall determine whether
any electricity services (refereed as regulated ser-
by ZERA can be provided competitively and report
the matter to the Minister responsible for administering
the Act (Mines and Energy) .
ZIMBABWE