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TANZANIA SOURCE YEAR 2007/8 2008/9 2009/10 World Bank 1,791,837,017 2,948,580,624 271,873,487 Government of the United Republic of Tanzania 142,903,899 57,953,238 2,672,006,724 Internal Sources 6,629,300 215,350,000 400,000,000 TOTAL Source: FCC, Strategic Plan 2010–2013 1,941,370,216 3,221,883,862 3,343,880,211 In 2007/8 and 2008/9, the World Bank funded about 92 per cent of the FCC budget, which dropped to 8 per cent of the total budget in 2009/10. The World Bank funding was under the “Privatization and Private Sector Development Project” (PPSDP). The World Bank had actually been funding the operations since 2005, which is a unique case in the region. Under the Section 78 of the FCA, mandatory funding sources have been prescribed as follows: (1) Funds of the Commission will comprise of – (a) fees not exceeding 2.5 per cent of business licences; (b) any grants, donations, bequests or other contributions made to the Commission; (c) funds allocated to the Commission from the funds of EWURA, SUMATRA, the Tanzania Communications Regulatory Authority, the Tanzania Civil Aviation Authority and such other regulatory authorities for work done by the Commission or as provided in the other relevant legislation or as may be agreed between the Commission and those authorities respectively, (d) funds allocated to the Commission by Parliament; (e) fees collected by the Commission; (f) all other payment due to the Commission in respect of any matter incidental to its functions; ing fees and other fees to be paid by persons in connection with the procedures of the Commission. (3) The Commission shall disclose details of the sources of its funds in the Annual Report. Following the end of the PPSDP, the FCC and the FCT came up with a Fair Competition (Commission and Tribunal) Funding Regulations, 2010, which 71 were gazetted through the Government Notice No. 208 of 11th June 2010 83 . However, collection of the 2.5 per cent fee from every business/trading license through the Gazette Notice has been affected by the Government policy directive aimed at curtailing multiplicity of payments that the business community has to make to the public sector institutions. As regards the funding from the sector regulators, this has not worked out very well as the funding is in practice at the pleasure of the sector regulator. The energy regulator EWURA, pays higher and regular payments more because the Director- General of the FCC is the Vice-Chairman of the EWURA Board, while there is no such linkage with the other regulators. In particular, the TCRA, which is probably the wealthiest, had been very reluctant to fund the FCC. Unfortunately, there is no appeal process for the FCC for such despite the provision under Section 78(c). 4.3.2 Fines and Fees The bulk of the internal sources of revenue for the petition authorities in the region, the FCC can is- however accrue to the FCC but are surrendered to the Treasury. On the other hand, the fees collected through mergers, exemptions and other applications to the FCC are retained by the FCC. collected the following fees: Tender Fees – 2,050,000 Counterfeit destruction fees – 40,800,000 Counterfeit penalty fees – 172,500,000 Merger Filing Fees – 83,000,000 Total 298,350,000 Source: FCC TANZANIA
72 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE 4.3.3 Performance Audit for the Commission Section 80 provides a very important check whereby the Controller and Auditor General shall at the request of the Minister conduct performance audit of the Commission’s functions particularly in relation to the Commission’s key performance indicators, on such terms and conditions as the Minister may determine. To facilitate this, the Commission year, to adopt key performance indicators for that year and shall include them in its annual report. According to the wording in Section 80, the per- done at the behest of the Minister, which makes it to be a discretionary than mandatory annual compliance matter. In its Strategic Plan (2010–2013), the Commission has performance indicators, which include the following: Activity Performance Indicators Measure Target Date Cartel Investigation No. and types of cartels 2010/11 investigated 2011/12 2012/13 Introduction of Leniency Prepare/draft and gazette 2010/11 Programme for cartel Procedural Rules for members Leniency Programme Combating counterfeits No. of entry points 2010/11 inspected 2011/12 2012/13 Source: FCC Strategic Plan 2010–2013, p. 14–16. While the Strategic Plan provides general indicators of performance measures, which are supposed to be implemented through annual work plans and reported in the Annual Report, the performance indicators are FCC is however yet to complete a cartel investigation and the leniency programme is also still being developed. The Minister has not yet commissioned a performance audit for the FCC. and when such an audit would be done. The only audit availed during the peer review exercise was Auditor-General. Under section 81 of the Act, before 30th September each year, it is mandatory for the FCC to prepare an Annual Report in respect of the year up to the immediately preceding 30th June and submit it to the Minister before 30th November in that year. The Annual Report is expected to provide information regarding the activities and plans of the FCC during the year to which it relates and curate understanding of the nature and scope of its activities and its plans and priorities and, without limitation, shall include: (a) a copy of the audited accounts of the Commission; (b) a copy of any report of the Controller and Auditor General on any performance audit carried out by the Controller and Auditor General during the year to which the Annual Report relates; (c) details of the performance of the Commission against its key performance indicators including the number and nature of complaints and applications the Commission has decided or are under consideration, the number and nature of investigations completed and completed, undertaken or planned, and the number and nature of inquiries completed, undertaken or planned; (d) such information and other material as the Commission may be required by this Act or the regulations to include in the Annual Report; (e) such additional information or other material as the Minister may request in writing. The Minister shall cause a copy of the Annual Report to be laid before the National Assembly within two months after receiving it from the Chairman or at the following meeting of the National Assembly. It is not clear from the Act what the consequences are for not publishing an Annual Report. From general practice, it would be expected under the governance and accountability principles and tor-General and other members of the FCC by the appointing authority. The Annual Report for 2008/2009 shows that the performance audit was not done except for reporting on performance indicators and achievements by the Director-General – but not the Controller and Auditor-General as provided for by law. For better carrying out of its functions, it would be
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UNITED NATIONS CONFERENCE ON TRADE
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UNITUNITED NATIONS CONFERENCE ON TR
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2 VOLUNTARY PEER REVIEW OF CLP: A T
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COMPARATIVE ASSESMENT COMPARATIVE A
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PREFACE This comparative assessment
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PREFACE agreements. . In the United
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PREFACE Finally in the United Repub
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PREFACE the market price but constr
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PREFACE (d) the extent to which the
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PREFACE pendence is maintained and
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ZIMBABWE FULL REPORT ZIMBABWE
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ZIMBABWE TABLE OF CONTENTS PREFACE
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ZIMBABWE This report is part of the
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ZIMBABWE With the growing political
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ZIMBABWE of restrictive practices,
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ZIMBABWE competition authorities do
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ZIMBABWE divided according to geogr
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ZIMBABWE The Commission in 2006 whi
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ZIMBABWE to take care of themselves
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ZIMBABWE (under Section 9); basical
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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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