a tripartite report - Unctad

76 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
cacy functions in the interest of the consumer, the
reality is that the NCAC duplicates the advocacy
functions already performed by the FCC and other
sector regulators. Its functions under Section 93
are similar to the functions under Section 65 for
the FCC, as indicated below:
NCAC FUNCTIONS FCC FUNCTIONS
(a) represent the interests of
consumers by making
submissions to, providing views
and information to and
consulting with the
Commission, regulatory
authorities and Government
ministries;
(b) receive and disseminate
information and views on
matters of interest to
consumers;
(c) establish regional and sector
consumer committees and
consult with them
Source: Sections 65 and 93 of FCA.
(i) participate in deliberations and
proceedings of Government,
Government commissions,
regulatory authorities and
other bodies in relation to
competition and consumer
welfare;
j) make representations to
Government, Government
commissions, regulatory
authorities and other bodies
on matters related to competition
and consumer welfare;
(k) consult with consumer bodies,
regulatory authorities,
business organizations and
other interested persons;
(1) consult with the competition
authorities of other countries;
(m) represent the United Republic of
Tanzania at international forums
concerned with matters relating
to competition or the interests
of consumers.
In retrospect, NCAC itself feels inadequate to effectively
carry out its mandate where its role is
largely advisory and they cannot even take a matter
to court on behalf of consumers. NCAC cannot
even lodge a counterfeit case with the FCC
where it believes that consumer interests would be
harmed NCAC were reluctant to take on enforcement
role with their current funding and structure
but considered it a possibility in future for them
to have some enforcement and binding advocacy
functions for consumer protection under the
FCA or the MMA. In this context, all parts dealing
with consumer protection under the FCA or the
MMA could at some future time be handled by
the NCAC. This would allow the FCC to focus its
resources on competition matters.
It has been observed that each regulator has a
“consumer consultative council”. This may be a
costly exercise and as is the case with the FCT, the
FCC and the regulators may have one national
consumer council to advocacy for consumer inter-
ests under one voice. The fragmented consumer
advocacy functions have not only affected funding,
but also a more powerful advocacy voice.
4.6 The Minister
The Minister features prominently as an unavoid-
plementation
process of the fair competition legislation.
Under Section 97, the functions and powers
of the Minister are as follows:
(i) To appoint members of the Commission other
than the Chairman as provided for under
Section 63
by the Chairman or other members of the
Commission as provided for under section 66;
(iii) to direct the Commission to conduct an
inquiry under section 68;
(iv) to request performance audits of the
Commission as provided for under section 80;
(v) to receive the Annual Reports of the
Commission and cause a copy to be laid before
the National Assembly under section 8 1;
(vi) to receive the budgets of the Commission and
request assessments of the budgets under
section 82;
(vii) to appoint members to the Council, to receive
Annual Reports and budgets of the Council
and to request assessments of the budgets
under section 95; and
(viii) to make regulations under section 98.
Under Section 98 of the FCA, the Minister appears
to have been conferred with residual powers, in
consultation with the Commission or Tribunal, to
make regulations not inconsistent with this Act as
he considers necessary or desirable to give effect
to the provisions of this Act. The Minister does not
appear to have been conferred with any powers
over the Fair Competition Tribunal.
5.0 COMPETITION ADVOCACY
The FCC has been an active advocate of competition
and consumer protection law in the United
Republic of Tanzania. Among other initiatives, the
FCC has a newsletter, various brochures and booklets
for public dissemination. The FCC also has a