a tripartite report - Unctad

ZAMBIA
It is recommended that competition law
training be organized for members of the
CCPT, and that the capacity of members
and consumer protection policy and law
be continuously built upon through the
holding of periodical adjudicators’
seminars and workshops at which the
other members of the Judiciary in Zambia,
including Magistrates and Judges, would
be invited.
Section 60 of the Act provides that orders or
directions of the Commission from its investigations
can be appealed against to the CCPT by
any aggrieved person or enterprise within thirty
days of receiving the order or direction. Appeals
against the decisions of the Tribunal can
be made to the High Court in terms of section
75 of the Act, also within thirty days of the determination.
The functions of the Tribunal in terms of section
68 of the Act are to: “(a) hear any appeal made
to it under this Act; and (b) perform such other
functions as are assigned to it under this Act or
any other law”. Other functions assigned to the
Competition and Consumer Protection Tribunal
agreements or undertakings entered into by the
Commission with enterprises under competition
investigations; (ii) considering applications from
the Commission for mandatory orders to enforce
the payment of penalties imposed by the
Commission against the concerned enterprises;
(iii) considering applications from the Commission
for mandatory orders on the enforcement
of directions and undertakings; (iv) ordering divestiture,
or declaring void any provision of a
merger agreement, if a merger is implemented
in contravention of the Act; and (v) considering
applications from the Commission for orders
prohibiting the sale of an unsafe goods.
The Tribunal has strong powers in the undertaking
of its adjudicative proceedings. In that regard,
section 71 of the Act provides as follows:
“(1) The Tribunal may –
(a) order the parties or either of them to produce
to the Tribunal such information as the Tribunal
considers necessary for the purposes of the
proceedings; or
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(b) take any other course which may lead to the just,
speedy and inexpensive settlement of any matter
before the Tribunal.
(2) The Tribunal may summon witnesses, call for the
production of, or inspection of, books, documents
and other things, and examine witnesses on
oath, and for those purposes, the Chairperson is
hereby authorized to administer oaths.
(3) A summons for the attendance of any witness or
the production of any book, document or other
thing shall be signed by the Chairperson and
served in the prescribed manner”.
The Tribunal, which was established in 2011 but
has still not commenced effective operations
pending the adoption of its rules, however does
not have powers of reviewing the imposition
of criminal sanctions on breach of the country’s
competition law, such powers rest with law
courts.
appointed by the Minister in terms of section
67(1) of the Act, as follows: “(a) a legal practitioner
of not less than ten years legal experience,
who shall be the Chairperson; (b) a representative
of the Attorney-General, who shall be
the Vice-Chairperson; and (c) three other mem-
years experience and knowledge, in matters relevant
to this Act”.
The desired independence, or decision making
ence
is greatly compromised. Apart from being
appointed by the Minister, its members may
also be removed by the Minister for unspeci-
The Secretariat of the Tribunal also consists of
civil servants working in a government ministry,
as provided for in section 69 of the Act, which
provides that “the Ministry responsible for commerce
shall provide the necessary secretarial
and accounting services to the Tribunal to perform
its functions under this Act”.
It is recommended that the removal
by the Minister of a member of the
Competition and Consumer Protection
Tribunal be on clear grounds and
reasons that should be provided for in
the Act.
ZAMBIA