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a tripartite report - Unctad

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ZAMBIA<br />

12. Advocacy Programmes<br />

To create a culture of competition and<br />

consumer welfare among consumers,<br />

business community, policymakers and<br />

other stakeholders.<br />

13. Resolution of Disputes<br />

To ensure that consumers have recourse<br />

to formal or informal procedures that are<br />

expeditious, fair and inexpensive.<br />

14. Inter-Institutional Linkages<br />

To harmonize the activities and legal<br />

framework of relevant institutions involved<br />

in competition and consumer welfare<br />

matters.<br />

• Carry out information dissemination activities.<br />

• Inform consumers about the regulatory bodies that can<br />

address their grievances.<br />

• Engage the media in the sensitization process by promoting<br />

competition and consumer programmes in electronic and<br />

print media.<br />

• Establish legal and institutional framework and clear<br />

administrative procedure.<br />

• Review of current legislation and amendment or repeal<br />

where necessary.<br />

• Encourage relevant authorities to cooperate with<br />

counterparts.<br />

• Create clear inter-institutional mechanisms for synergy<br />

<br />

Source: National Competition & Consumer Policy, May 2009, Ministry of Commerce, Trade and Industry, Republic of Zambia.<br />

The implementation framework of the Policy covered<br />

the following areas: (i) institutional arrangements;<br />

(ii) the Zambia Competition Commission;<br />

(iii) the judiciary; (iv) sector regulators; (v) law<br />

Box 6: Implementation Framework of the Policy<br />

1. Institutional Arrangements:<br />

105<br />

enforcement agencies; (vi) legal and regulatory<br />

ing;<br />

and (viii) monitoring and evaluation. These are<br />

<br />

The institutions that will be important in the implementation of the Policy include the Commission, sector regulators<br />

and the Judiciary. The implementation of the Policy will require working in close collaboration with other stakeholders.<br />

2. Zambia Competition Commission<br />

The primary institution mandated to implement the competition and consumer welfare policy is the Zambia Competition<br />

Commission (ZCC). The ZCC will monitor, control and prohibit acts or behaviour, which are likely to adversely<br />

affect competition, fair trading and consumer welfare in Zambia. Furthermore, the ZCC should be empowered to<br />

address such market disputes through effective enforcement of competition and consumer law. In addition, a Competition<br />

and Consumer Tribunal should be established to allow for due process.<br />

In order for ZCC to effectively implement the law, it should be accessible countrywide, thus the need to decentralize<br />

its operations.<br />

3. The Judiciary<br />

The Judiciary through the court system shall play an important role in enhancing the enforcement mandate of the<br />

competition and consumer authority.<br />

In that regard, the Small Claims Court shall provide timely and cost effective resolution of disputes for small claims.<br />

The relevant authority and other institutions that deal with consumer protection shall refer appropriate cases to<br />

the Small Claims Court. The relevant authority and/or statute creating its existence shall develop an institutional<br />

coordination mechanism with the Small Claims Court for the purposes of identifying cases that may need the attention<br />

of either institution.<br />

ZAMBIA

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