a tripartite report - Unctad
a tripartite report - Unctad
a tripartite report - Unctad
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
76 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE<br />
cacy functions in the interest of the consumer, the<br />
reality is that the NCAC duplicates the advocacy<br />
functions already performed by the FCC and other<br />
sector regulators. Its functions under Section 93<br />
are similar to the functions under Section 65 for<br />
the FCC, as indicated below:<br />
NCAC FUNCTIONS FCC FUNCTIONS<br />
(a) represent the interests of<br />
consumers by making<br />
submissions to, providing views<br />
and information to and<br />
consulting with the<br />
Commission, regulatory<br />
authorities and Government<br />
ministries;<br />
(b) receive and disseminate<br />
information and views on<br />
matters of interest to<br />
consumers;<br />
(c) establish regional and sector<br />
consumer committees and<br />
consult with them<br />
Source: Sections 65 and 93 of FCA.<br />
(i) participate in deliberations and<br />
proceedings of Government,<br />
Government commissions,<br />
regulatory authorities and<br />
other bodies in relation to<br />
competition and consumer<br />
welfare;<br />
j) make representations to<br />
Government, Government<br />
commissions, regulatory<br />
authorities and other bodies<br />
on matters related to competition<br />
and consumer welfare;<br />
(k) consult with consumer bodies,<br />
regulatory authorities,<br />
business organizations and<br />
other interested persons;<br />
(1) consult with the competition<br />
authorities of other countries;<br />
(m) represent the United Republic of<br />
Tanzania at international forums<br />
concerned with matters relating<br />
to competition or the interests<br />
of consumers.<br />
In retrospect, NCAC itself feels inadequate to effectively<br />
carry out its mandate where its role is<br />
largely advisory and they cannot even take a matter<br />
to court on behalf of consumers. NCAC cannot<br />
even lodge a counterfeit case with the FCC<br />
where it believes that consumer interests would be<br />
harmed NCAC were reluctant to take on enforcement<br />
role with their current funding and structure<br />
but considered it a possibility in future for them<br />
to have some enforcement and binding advocacy<br />
functions for consumer protection under the<br />
FCA or the MMA. In this context, all parts dealing<br />
with consumer protection under the FCA or the<br />
MMA could at some future time be handled by<br />
the NCAC. This would allow the FCC to focus its<br />
resources on competition matters.<br />
It has been observed that each regulator has a<br />
“consumer consultative council”. This may be a<br />
costly exercise and as is the case with the FCT, the<br />
FCC and the regulators may have one national<br />
consumer council to advocacy for consumer inter-<br />
ests under one voice. The fragmented consumer<br />
advocacy functions have not only affected funding,<br />
but also a more powerful advocacy voice.<br />
4.6 The Minister<br />
The Minister features prominently as an unavoid-<br />
plementation<br />
process of the fair competition legislation.<br />
Under Section 97, the functions and powers<br />
of the Minister are as follows:<br />
(i) To appoint members of the Commission other<br />
than the Chairman as provided for under<br />
Section 63<br />
<br />
by the Chairman or other members of the<br />
Commission as provided for under section 66;<br />
(iii) to direct the Commission to conduct an<br />
inquiry under section 68;<br />
(iv) to request performance audits of the<br />
Commission as provided for under section 80;<br />
(v) to receive the Annual Reports of the<br />
Commission and cause a copy to be laid before<br />
the National Assembly under section 8 1;<br />
(vi) to receive the budgets of the Commission and<br />
request assessments of the budgets under<br />
section 82;<br />
(vii) to appoint members to the Council, to receive<br />
Annual Reports and budgets of the Council<br />
and to request assessments of the budgets<br />
under section 95; and<br />
(viii) to make regulations under section 98.<br />
Under Section 98 of the FCA, the Minister appears<br />
to have been conferred with residual powers, in<br />
consultation with the Commission or Tribunal, to<br />
make regulations not inconsistent with this Act as<br />
he considers necessary or desirable to give effect<br />
to the provisions of this Act. The Minister does not<br />
appear to have been conferred with any powers<br />
over the Fair Competition Tribunal.<br />
5.0 COMPETITION ADVOCACY<br />
The FCC has been an active advocate of competition<br />
and consumer protection law in the United<br />
Republic of Tanzania. Among other initiatives, the<br />
FCC has a newsletter, various brochures and booklets<br />
for public dissemination. The FCC also has a