a tripartite report - Unctad

ZAMBIA
Box 7: Commission Communiqué on the Repeal of the Competition and Fair Trading Act, 1994
and the Coming into Force of the Competition and Consumer Protection Act, 2010
The Competition and Consumer Protection Commission (CCPC) formerly called Zambia Competition
Minister of Commerce, Trade and Industry on 4th October 2010. The Order has repealed the Competition
and Fair Trading Act, CAP 417 of the laws of Zambia enacted in 1994, aimed at promoting competition and
consumer welfare in the economy. The newly enacted Competition and Consumer Protection Act No. 24 of
2010, is poised to improve enforcement of competition law and consumer protection in Zambia.
The Competition and Consumer Protection Act No. 24 of 2010 seeks to safeguard and promote competition
and protect consumers against unfair trade practices in Zambia. The CCPC that replaces ZCC will also advise
the government on laws affecting competition and consumer protection and provision of information for
the guidance of consumers regarding their rights and obligations.
for violating both competition and consumer provisions of the Act. It not only gives administrative powers to
provides for the establishment of the Competition and Consumer Protection Tribunal which is a milestone in
The law among other things clearly prohibits:
1. Display of disclaimers in trading places such as ‘No Return, No Refund’.
2. False or misleading representation such as claiming that goods sold are new when they are not.
3. Supply of defective goods, e.g., pressing iron that does not get hot.
4. Sale of goods which are not properly labelled, i.e., without product name and ingredients.
5. Charging a consumer more than the price indicated or displayed on a product or service.
6. Sale of goods that do not conform to the mandatory safety standard set by the Zambia Bureau
of Standards or other relevant bodies.
Source: Commission Communiqué on the Repeal of the Competition and Fair Trading Act, 1994 and the Coming into Force of the
Competition and Consumer Protection Act, 2010.
Zambia’s competition law is enshrined in the Competition
and Consumer Protection Act, 2010, which
captures the gist of the country’s competition policy.
The Act’s date of Assent by the President of
Zambia was 14 August 2010. The preamble to the
Act gives its broad objectives as follows:
“An Act to continue the existence of the Zambia
Competition Commission and to re-name
it as the Competition and Consumer Protection
Commission; safeguard and promote competition;
protect consumers against unfair trade
practices; provide for the establishment of the
Competition and Consumer Protection Tribunal;
repeal and replace the Competition and Fair
Trading Act, 1994; and provide for matters connection
with, or incidental to, the foregoing”.
107
The import of the above preamble to the new Act
is that it clearly provides for the continuation of
the activities of ZCC under the re-named Competition
and Consumer Protection Commission
(CCPC). This is important since it removes the legal
uncertainty and juridical problems over cases
initiated by ZCC under the old law, as well as over
all other operations and decisions of ZCC. Most of
the other objectives of the Act remain more or less
similar to those of the old Act.
As stated in the Commission’s communiqué to the
business community and consumers on the coming
into force of the Act, the new law comprehen-
This facilitates the proper interpretation of the law,
ZAMBIA