a tripartite report - Unctad

68 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
However, while this power is admirable, the role of
the FCC is merely to advise or raise an issue under
the FCA. The court, tribunal, regulator or other inquirer
has no legal obligation to take into account
the FCC’s position. This has happened with one
regulator where the FCC’s input was not actually
4.1.2 Members of the FCC
Section 62 establishes the FCC as a body that “shall
be independent and shall perform its functions
and exercise its powers independently and impartially
without fear or favour”. Section 62(6) states
which is: a chairman, who shall be a non-executive
appointed by the President; three non-executive
members appointed by the Minister; and the Director-General
who is appointed by the Minister.
tions
of the Director-General in its Second Schedule
to the Act, which include that such person shall
be graduate of a recognized university; and possess
at least ten years experience in one or more
terms: Chairman – four years; Director-General –
four years; One member – Three years; and two
appointment
for one further consecutive term but
shall not be eligible for reappointment thereafter80 .
Their appointment is based on “knowledge of, or
experience in, industry, commerce, economics, law,
81 . In order
to maintain impartiality of the FCC and for the
of the FCC if, he/she, owing to the nature of the of-
be considered in future amendments to the law.
Under Section 66(3) of the FCA, the Chairman of
the FCC is expected, in consultation with the other
members of the Commission, to determine from
time to time the priority to be given to any of the
functions and activities set out in Section 66(2) for
4.1.3 Investigatory powers of the FCC
Through the powers conferred upon it under the
FCA, the FCC deals with all issues of anticompetitive
conduct, abuse of dominance and has provisions
for curtailing mergers and acquisitions if outcome
is likely to create dominance in the market
or lead to anticompetitive behaviour. The adjudication
of consumer related cases is done in the
normal courts. 82
The FCC is given powers to gather information
and to conduct investigations under sections 68–
71 of the FCA and to impose sanctions for violations
of the FCA under section 57–60. In addition
to implementing the Act, the Commission is also
charged with the responsibility of enforcing the
counterfeits.
The FCC has a staff complement of 58 against a
requirement of 72 for it to carry out the various
functions/responsibilities under the Act. The Direc-
and is responsible for the day to day administration
of the affairs of the FCC. The staff is spread
out as follows:
FUNCTIONAL AREA TOTAL STAFF per cent
6 10 per cent
Corporate Affairs 26 45 per cent
Competition, Research & Advocacy 8 14 per cent
Compliance & Consumer 10 17 per cent
Anti-Counterfeit 8 14 per cent
TOTAL 58 100 per cent
Source: FCC
The FCC cannot unfortunately recruit any more
staff unless it secures their remuneration. Accord-
58 staff, the Government pays the salaries of 45
of them, while the FCC pays for the other 11. In
the event that the FCC desires to have more than
45 staff funded by the Government, then it would
have to seek the express authorization of the Ministry
of Finance or raise independent funds. The
salaries for the FCC are much higher than the average
civil service salaries.