a tripartite report - Unctad

78 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
The public can also respond to notices that appear
in newspapers announcing the formation of
inquiries. In the early stage of any inquiry the FCC
is said to desire that the scope of its subsequent
investigation will be wide enough to include all the
factors that may be impeding competition. Consumers
and business are encouraged to ensure
that these inquiries are as effective as possible by
detailing their own experience.
The FCC’s website, newsletter and case publications
after a FCC decision provide information
about present and past cases. The FCC’s annual
report enables the public to see how the FCC and
the Tribunal are performing 89 .
To this effect, the FCC has published a number of
guidelines which have been used in advocacy efforts.
The guidelines and other information materials
are produced in both English and Swahili,
which assists to effectively reach out to the average
Tanzanian. These guidelines include one that
explains the role of the FCC in relation to its functions
under the FCA – targeted more at consumers,
another on the core elements of the FCA that
the FCC deals with and briefs on how it carries out
its functions.
As noted by a consumer activist, having competition
law in the United Republic of Tanzania has
been seen as the end in itself, the cure of it all; but
the way forward to it is to forge a strong Consumer,
Private, Public Partnership with a shared
commitment and efforts to achieve the intended
object of the new law, all key stakeholders including
Government itself (in this case sectoral regulatory
authorities), consumers, producers, distributors,
service providers, professionals, civil societies,
NGOs, consumers’ associations and others should
work toward supplementing Government goals
of seen business act responsively to consumer’s
needs and interests and at the same time there is
fairness on business conducts in the end strengthening
business environment for the United Republic
of Tanzania for the betterment of all key
stakeholders 90 .
5.3 Advocacy and the regulators
Under Section 96 in Part XV of the Act dealing with
inconsistency with other laws, the Act is deemed to
apply to all persons in all sectors of the economy
(a) by any other Act except to the extent that the
Act is passed after the commencement of this
Act; or
(b) by any subsidiary legislation whether or not
such subsidiary legislation purports to exclude
or modify this Act.
Under Section 96(2), the Act is clear that a person
shall not contravene this Act by reason only
of engaging in a conduct, unless a provision of an
laws:
(a) requires the person to engage in the conduct
or conduct of that kind; or
(b) authorizes or approves the person engaging
or refraining from engaging in conduct of that
kind.
Energy and Water Utilities Regulatory Authority
Act, 2001
Surface and Marine Transport Regulatory Act,
Act, 2001
Tanzania Communications Regulatory Authority
Act, 2003
Tanzania Civil Aviation Authority Act, 2003
and sector legislation referred to in the sector
legislation, enactments for the protection of the
environment; and, any subsidiary legislation or
instrument under any of the aforementioned Acts.
Where the FCC is of the opinion that any conduct
required, authorized or approved by a regulatory
authority under an enactment referred to above
would be in breach of the Act if section 96(1) did
not apply to the conduct, the FCC shall report the
matter to the Minister. Where the Minister receives
a report from the FCC in this context, the Minister
may direct the relevant regulatory authority to
take the necessary steps to ensure that the conduct
described by the FCC is not required, authorized
or approved by the regulatory authority. This
process makes the decision susceptible to a more
complicated bureaucracy and may better be dealt
with through a more legalized framework under
the FCT. However, the FCC is yet to take a matter
to the Minister on such matters.