a tripartite report - Unctad
a tripartite report - Unctad
a tripartite report - Unctad
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ZIMBABWE<br />
(Emphasis by the author) but shall not be construed<br />
so as to:<br />
(a) limit any right acquired under:<br />
(i) the Plant Breeders Rights Act [Chapter<br />
18:16]; or<br />
(ii) the Copyright Act [Chapter 26:01]; or<br />
(iii) the Industrial Designs Act [Chapter 26:02];<br />
or<br />
(iv) the Patents Act [Chapter 26:03]; or<br />
(v) the Trade Marks Act [Chapter 26:04];<br />
Except to the extent that such a right is used for<br />
the purpose of enhancing or maintaining prices<br />
or any other consideration in a manner contem-<br />
<br />
section two; or<br />
(b) preventing trade unions or other representatives<br />
of employees from protecting their<br />
members’ interests by negotiating and concluding<br />
agreements and other arrangements with employers<br />
or representatives of employers in terms of<br />
the Labour Relations Act, [Chapter 28:01].<br />
<br />
Exemptions<br />
emptions<br />
other than those provided in section 3<br />
(1). According to this provision; CTC is deemed<br />
to have jurisdiction over all the regulated sectors<br />
(network based utilities) which would entail electricity,<br />
petroleum, water, gas collectively known as<br />
energy; communication; surface and marine transport<br />
and civil aviation sectors. ZCA has also overlooked<br />
commonly found phenomenon known as<br />
block exemption that exempts (after assessment)<br />
petition<br />
law. Such activities include price setting for<br />
cash crops in agricultural markets.<br />
Statutorily, the CTC is not barred from exercising<br />
its jurisdiction in the regulated sectors despite the<br />
fact that the sectoral regulators are also mandated<br />
by their laws to deal with competition issues.<br />
4.2.1 The Postal and<br />
Telecommunication Sector<br />
Section 4 (1) (f) of the Postal and Telecommunication<br />
Act provides that one of the functions of the<br />
201<br />
Postal and Telecommunications Regulatory Authority<br />
of Zimbabwe (POTRAZ) shall be to maintain<br />
and promote effective competition between<br />
persons engaged in the provision of postal and<br />
telecommunication services and any activities<br />
connected therewith.<br />
The Act neither stipulates how the function shall<br />
be dealt with nor does it provide for a mechanism<br />
for the interaction between POTRAZ and<br />
the CTC in so far as competition matters are<br />
concerned. Interviews with the POTRAZ staff<br />
showed that these issues are not even provided<br />
for in the regulation. There has been an attempt<br />
to establish a Memorandum of Understanding<br />
(MoU) between POTRAZ and CTC that could address<br />
this matter but it has not come into being<br />
for among other reasons lack of legal basis for<br />
such MoU in both the legislation establishing<br />
the two institutions.<br />
tutions<br />
co-exist in professional harmony, based on<br />
<br />
laws as they currently exist, provide for recipe for<br />
clashes between the two institutions.<br />
4.2.2 The Energy Sector<br />
The Petroleum Act, 2006 and the Electricity Act,<br />
2002 are read together with the Energy Regulatory<br />
Authority Act, 2011 as a sectoral legislation.<br />
Section 4 (1) (g) of the Energy Regulatory Authority<br />
Act, 2011 provides that one of the functions<br />
of the Zimbabwe Energy Regulatory Authority<br />
(ZERA) shall be to maintain and promote effective<br />
competition within the energy industry.<br />
The Petroleum Act, 2006 provided in Section 52<br />
that the Authority shall have the responsibility for<br />
monitoring whether the provision of petroleum<br />
products is being done competitively.<br />
The Electricity Act, 2002 has dedicated the whole<br />
of Part X for Competition and Market Power, the<br />
act further provides in Section 59 that ZERA shall<br />
have the ongoing responsibility to monitor whether<br />
electricity services are being provided competitively,<br />
and in particular shall determine whether<br />
any electricity services (refereed as regulated ser-<br />
<br />
by ZERA can be provided competitively and <strong>report</strong><br />
the matter to the Minister responsible for administering<br />
the Act (Mines and Energy) .<br />
ZIMBABWE