a tripartite report - Unctad

220 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
187
Sanitary, Phytosanitary, and Technical Barriers to Trade for Trade Policy Analysis. Working Paper 01-WP-291. Iowa State
University. Pp 1–35.
188 Committees of the Commission are provided for under Section 14 of the ZCA. The provision allows for non members
of the Commission to sit in the Committees of the Commission under Section 14 (2) (b). In practice this has never happened;
all four Committees established have members who are Commissioners.
189 The provision can be a good avenue for strengthening relations with the Executive, but it should not compromise the
quality of work to be done since competition cases require specialized training and skills that could not be possessed by
ordinary Public Servants in Zimbabwe.
190 It is worth noting that certain types of investigative measures, such as dawn raids require secret preparation in order to
ensure that evidence will not be destroyed beforehand. In such cases, a public notice of the investigation is less than
useful. This issue will be looked into later in the report when discussing investigation powers.
191 The procedure is not articulated in neither ZCA nor in any regulation made from ZCA to give effect to the functioning
of the CTC. Section 28 provides for generalities regarding investigations. Details provided in this text are based on the
192 http://legal-dictionary.thefreedictionary.com
193 Ibid
194
195 BLD
196 The transfer of orders of the Commission provided in Section 33 of the ZCA is for enforcement purposes only and it
should not be construed to mean that the CTC is equivalent to a High Court.
197 Practice in other similar jurisdictions is such that salary scales of competition authorities staff are compared to those of
the sectoral regulators and not civil service scales which are usually low.
198
exported from Zimbabwe. This surcharge is levied in order to fund the promotion of export trade of Zimbabwe and for
matters connected therewith. To date, two organizations have been declared as trade development organizations for
levy collected under the Trade Development Surcharge Act is therefore shared between ZimTrade and the CTC on a
70/30 basis. The funds collected are expected to be used solely for trade development and promotion work.
199
the respective periods.
200 Full-scale investigations have been undertaken into the following industries and sectors: cement industry, coal industry,
retail pharmaceutical services sector, sugar industry, fertilizer industry, automotive glass industry, dry-cleaning and
laundry services sector, health insurance services sector, alcoholic spirits industry, waste paper collection industry, textile
fabrics industry, packaging ink industry, electricity utilities sector, and telecommunications services sector. The Commission
is currently undertaking full-scale investigations into four industries and sectors: bakery industry, textbook distribution
industry, ambulance services sector, and cotton industry.
201 For example, the full-scale investigation into the cement industry was terminated by the Commission in making the
following orders in terms of section 31(1) of the Competition Act [Chapter 14:28] with regard the competition concerns
collection of cement to its transport contract customers to reduce the queuring times of its other customers; and (ii) that
Circle Cement of Harare give its customers choice in selecting the most suitable and competitive form of transportation
of their cement purchases from the factory.
and Circle Cement should at provincial and district levels and at Growth Points expand their cement distribution network
in cooperation with bodies such as the Small Enterprises Development Corporation (SEDCO) in order to cover a larger
geographical area; (ii) Unicem should, when awarding its transport and distribution contacts, endeavour to act in a
Ministry of Finance and Economic Development should either remove customs duties on the importation of cement
clinker or grant that product when in short supply duty exemption status during the peak period from about October to
December of each year so as to allow the local cement manufacturers to increase their production by operating at full