By Pemphero Malimba:
Expectations are high that the passing of the Competition and Fair Trading Bill by Parliament will enhance consumer protection from uncompetitive tendencies by traders in the country.
Parliament passed the bill on Friday and it is expected to improve the efficiency of the Competition and Fair Trading Commission (CFTC).
The old law, among other things, restricted CFTC from effecting fines, which has been provided for in the new law taking into account aggravating and mitigating factors.
Cama Executive Director John Kapito said the new act will benefit the consumers a lot as the business community will be forced to adhere to the same.
“The traders now know that there is a law that, if enforced well, is going to affect them. So there shall be order on the markets, which is going to help the consumer very well.
“Many government institutions, especially regulatory bodies, are weak and most of them are corrupt. So they need to show that they are not going to be corrupt when they find the business community wrong,” Kapito said.
CFTC spokesperson Innocent Helema said they are excited with the passing of the new law as it will improve their operations.
“The new law proposes a number of issues such as key definitions and concepts. The new law defines consumers broadly to include some vulnerable groups such as farmers and also includes excessive pricing, which has clearly been provided for in the current Act.
“As adjudicators of cases, commissioners of the CFTC are not thoroughly subjected to scrutiny of Parliament to determine their suitability and qualification for their office. Therefore, their independence as adjudicators is not guaranteed in the current law.
“The new law therefore proposes that, as a way of ascertaining their suitability and enhancing their independence, their appointment and removal from office be subjected to the scrutiny of the Public Appointments Committee of Parliament,” Helema said.
