Final Report - World Trade Organization

Annexure Table 4b: Status, Power and the Functions of the Enforcement Agency (Contd...)
Kenya
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The role of the Commission is to receive complaints and investigate them while also
initiating investigations and making recommendations to the Minister on what action
to be taken on possible breaches of the Act.
The Restrictive Trade Practices Tribunal established under Section 64 of the Act
operates independently as the Court of first appeal and falls administratively under
the Ministry of Finance and Planning.
South Africa
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The institutions are independent of Government.
The President appoints the members of the Competition Tribunal on the
recommendation of the Minister of Trade and Industry.
The Competition Commissioner is appointed by the Minister (normally following a
process of advertisement).
Tanzania
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The current Fair Trade Practices Commission is not independent of the hierarchical
structure of the parent ministry.
Trade Practices Tribunal has been established as the appellate body
The Commissioner for Trade Practices is responsible to monitor, investigate, evaluate,
prosecute, issue orders, impose penalties or otherwise resolve alleged contravention.
The Tribunal has jurisdiction to hear and determine any complaint relating to trade
practice, to inquire into any matter referred to it and to issue orders.
Appeals from decisions of the Tribunal are limited to judicial review.
Zambia
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The ZCC is empowered to monitor, control and prohibit acts or behaviour likely to
adversely affect competition and fair-trading in the country.
Ministerial over-ride.
110 w Pulling Up Our Socks