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CFTC, ACB agree to fight corruption together

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Malonda(R), Matemba exchangrsigned copies of MOUs  

The Competition and Fair Trading Commission (CFTC), and the Anti-Corruption Bureau (ACB) have signed a Memorandum of Understanding (MOU) that will see the two enforcement agencies fight corruption and achieve their mandates more effectively.

 

Speaking during an MOU signing ceremony that took place on 17th July 2018 in Lilongwe, the CFTC Executive Director Charlotte Wezi Malonda said there exists a potential overlap between the functions of the Commission and the Bureau in anti-competitive business practice cases.

 

This MOU is entered into in order to establish the manner in which the parties will interact with each other in respect of any matters relating to anti-competitive business practices specifically in cases involving contracts and corrupt practices generally,” said Malonda.

On his part, ACB Director General, Reyneck Matemba pointed out that was not the the first time the ACB has worked together with the Commission.

 

We have been working together as enforcement agencies whose mandates complement each other. However with this MOU there will be room to share information and working hand in hand when conducting investigations that are of interest to both parties,” said Matemba.

According to the MOU the two enforcement agencies have undertaken to cooperate in several ways, including collusive tendering and bid-rigging in contracts’ negotiation and any other relevant area of possible collaboration between them.

 

According to the mandates of the ACB, the Bureau has a mandate to investigate cases for other offences that come to light during the course of investigating corruption. The Commission on the other hand has powers to conduct investigations into business practices or conduct to determine whether any enterprise is engaging in anti-competitive and unfair trade practices.

CFTC TO CHAIR UNCTAD GROUP OF EXPERTS SESSION

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Malonda speaking during the session

The United Nations Conference on Trade and Development (UNCTAD) today announced the election of Mrs Charlotte Wezi Malonda as Chairperson of the Third Session of the Intergovernmental Group of Experts (IGE) on Consumer Protection Law and Policy conference which is currently taking place in Geneva, Switzerland.

The conference, which was officially opened by UNCTAD Secretary General Dr Mukhisa Kituyi, will run from 9-10 July 2018. In light of the recent revision of the UN Guidelines on Consumer Protection in relation to financial services, the conference will discuss international best practices in the protection of financial services consumers. Other key thematic areas to be discussed at the conference include E-commerce, dispute resolution and redress, consumer product safety and voluntary peer reviews of national consumer protection laws of member states with a view to promote regional economic integration.

Commenting on the development, Mrs Malonda described the election as a historic moment for the Competition and Fair Trading Commission of Malawi.

Malonda said:

"I am certain that this year's IGE programme will enrich member states, improve the legislative and institutional framework as well as deepen international cooperation and understanding in the enforcement of consumer protection laws".

The IGE on consumer protection will precede the 17th Session of UNCTAD's Intergovernmental Group of Experts Conference on Competition Law and Policy which is scheduled to run from 11-13 July 2018.

Malawi is represented at the conference by Mrs Malonda and Mr Lewis Kulisewa, Director of Consumer Welfare and Education.

NOTES FOR EDITORS

  1. The Intergovernmental Group of Experts (IGE) on Consumer Protection Law and Policy is a standing body established under the United Nations Guidelines for Consumer Protection (UNGCP) under the auspices of UNCTAD to monitor the application and implementation of the guidelines, provide a forum for consultations, produce research and studies, provide technical assistance, undertake voluntary peer reviews, and periodically update the guidelines.                                                                                                                                                                                                        
  2. The United Nations Guidelines for Consumer Protection are a valuable set of principles for setting out the main characteristics of effective consumer protection legislation, enforcement institutions and redress systems and for assisting interested Member States in formulating and enforcing domestic and regional laws, rules and regulations that are suitable to their own economic and social and environmental circumstances, as well as promoting international enforcement cooperation among Member States and encouraging the sharing of experiences in consumer protection.                                                                                                                                              
  3. In this Third Session, the IGE on Consumer Protection is expected to adopt the Agreed Conclusions and to decide on its work programme until its next session.

Contacts for the Press Release

Goldameir Marobe

Tel: +265991000266

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. / This email address is being protected from spambots. You need JavaScript enabled to view it.

INVITATION TO A PUBLIC HEARING

NOTICE is hereby given that the Competition and Fair Trading Commission (CFTC), in line with the requirements of Section 10(2) and Section 11 of the Competition and Fair Trading Act, will hold a Public Hearing on Monday 23rd July, 2018 at Bingu International Convention Centre (BICC) from 09:30 hrs.

The Commission is therefore inviting ALL interested persons or enterprises, who in their opinion, will be affected or are likely to be affected by the findings of the investigations carried out by the CFTC, to make a written request to be heard during the hearing.

The schedule of cases to be considered at the public hearing is as follows:

  1. Report on the alleged unconscionable conduct and quoting prices in foreign currency without authorisation by MultiChoice Malawi Ltd;
  2. Report on the alleged supply of products (SOBO Squash) likely to cause injury/harm to consumers by Castel Malawi Group Ltd;
  3. Report on the alleged supply of drinks containing foreign objects by Castel Malawi Group Ltd;
  4. Report on the alleged resale price maintenance by Castel Malawi Group Ltd;
  5. Report on the alleged charging in foreign currency without authorisation by Lilongwe City Mall/Broll Malawi Ltd;
  6. Report on the alleged misleading conduct by Peoples Trading Centre;
  7. Report on the proposed acquisition of Crown Poultry by Central Poultry (2000) Limited;
  8. Report on the proposed acquisition of direct control of Alpha Security Company by Ursa Security International Limited (USI);

All written requests should be submitted to the following address by 12th July 2018.

The Executive Director

Competition and Fair Trading Commission

Off Mandala Road

1st Floor Mpikisano House, Area 3

P/Bag 332

Lilongwe.

           Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

For more information, contact Ms Goldameir Marobe on 01 759 506 or 0991000266 or email: This email address is being protected from spambots. You need JavaScript enabled to view it. / This email address is being protected from spambots. You need JavaScript enabled to view it.

CHARLOTTE WEZI MALONDA

EXECUTIVE DIRECTOR

Health Minister applauds CFTC for acting on Listeriosis

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Muluzi and some Government officials announcing the ban

Minister of Health, Atupele Muluzi, has applauded   the Competition and Fair Trading Commission (CFTC) for coordinating stakeholders to act swiftly on the outbreak of Listeriosis in South Africa which has so far led to 180 deaths.  

Recently, the South African health authorities announced the recall of processed meat products produced by Tiger Brands Unit plants known as Enterprise Food Ltd and RCL Ltd which were identified as the source of the Listeriosis disease.

In the wake of the recall, the Competition and Fair Trading Commission ordered Malawian retailers to withdraw and destroy processed meat products from South Africa as a means of safeguarding consumer welfare. The Commission also carried out inspections in all the major retail shops where it found a total of forty one (41) assorted processed meat products imported from South Africa.

Speaking at Capital Hill in Lilongwe, during a press conference, Muluzi announced that the Government of Malawi has with immediate effect issued banned the importation, distribution and consumption of processed meat products produced by Tiger Brand Unit - Enterprise Foods and RCL Foods from South Africa. Tiger Brand is one of the major suppliers of processed meat products to Malawi.

 

IMG 0023Muluzi said:

“Following the recall of the processed meat products by health authorities in South Africa, various stakeholders from the Ministry of Health, Ministry of Agriculture Irrigation and Water Development, Ministry of Industry, Trade and Tourism, Malawi Bureau of Standards and the Competition and Fair Trading Commission met to consider the matter and decide on the way forward.”

 

Muluzi  speaking to Journalists during the Press Conference

 

"I would like to thank the Task Force coordinated by the Competition and Fair Trading Commission for a job well done. I would also like to thank the World Health Organisation and all our partners for the support they have given,"said Muluzi.

Listeriosis which has affected more than 900 people resulting in over 180 deaths in South Africa, is a disease caused by eating foods contaminated with the listeria monocytogenes bacteria. The disease affects pregnant women, newborn children, the elderly, and adults with impaired immune systems. To date, no case of Listeriosis has been recorded in Malawi.

Speech by Health Minister Atupele Muluzi

 

Health Minister applauds CFTC for acting on Listeriosis

Minister of Health, Atupele Muluzi, has applauded   the Competition and Fair Trading Commission (CFTC) for coordinating stakeholders to act swiftly on the outbreak of Listeriosis in South Africa which has so far led to 180 deaths.  

Recently, the South African health authorities announced the recall of processed meat products produced by Tiger Brands Unit plants known as Enterprise Food Ltd and RCL Ltd which were identified as the source of the Listeriosis disease.

In the wake of the recall, the Competition and Fair Trading Commission ordered Malawian retailers to withdraw and destroy processed meat products from South Africa as a means of safeguarding consumer welfare. The Commission also carried out inspections in all the major retail shops where it found a total of forty one (41) assorted processed meat products imported from South Africa.

Speaking at Capital Hill in Lilongwe, during a press conference, Muluzi announced that the Government of Malawi has with immediate effect issued banned the importation, distribution and consumption of processed meat products produced by Tiger Brand Unit - Enterprise Foods and RCL Foods from South Africa. Tiger Brand is one of the major suppliers of processed meat products to Malawi.

Muluzi said:

“Following the recall of the processed meat products by health authorities in South Africa, various stakeholders from the Ministry of Health, Ministry of Agriculture Irrigation and Water Development, Ministry of Industry, Trade and Tourism, Malawi Bureau of Standards and the Competition and Fair Trading Commission met to consider the matter and decide on the way forward.”

"I would like to thank the Task Force coordinated by the Competition and Fair Trading Commission for a job well done. I would also like to thank the World Health Organisation and all our partners for the support they have given,"said Muluzi.

Listeriosis which has affected more than 900 people resulting in over 180 deaths in South Africa, is a disease caused by eating foods contaminated with the listeria monocytogenes bacteria. The disease affects pregnant women, newborn children, the elderly, and adults with impaired immune systems. To date, no case of Listeriosis has been recorded in Malawi.

Speech by Health Minister Atupele Muluzi

“Anti-competitive practices must not create barriers”

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Participants pose for a group photo.

Minister of Industry, Trade and Tourism, Hon Henry Mussa has said anti-competitive practices or mergers and acquisitions must not create artificial barriers to trade or other forms of protectionism.

 

Speaking in Blantyre, during a workshop organised by the Competition and Fair Trading Commission (CFTC) in collaboration with the COMESA Competition Commission (CCC), Mussa said Malawi is interested to see that competition regimes, whether at national or regional level, enhance efficient market conduct and promote overall productivity and competitiveness.

Read more...

‘We all pay the price for bid rigging’

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The Consumers parade during the commemoration of 2017 World Competition Day

The Chairperson of the Competition and Fair Trading Commission, Commissioner Daniel Dunga has appealed to consumers in the country to report any traders or suppliers engaged in bid rigging.

Speaking during the 2017 World Competition Day which was celebrated on 5th December in Blantyre themed Fighting Bid Rigging to Grow Economy, Dunga said   bid rigging is a form of fraud which undermines the bidding process and is illegal under the Competition and Fair Trading Act. Through this conduct, he said, consumers pay the price for bid rigging.

“Bid rigging can take many forms, but one frequent form is when competitors agree in advance which firm will win the bid. For instance, competitors may agree to take turns being the low bidder, or sit out of a bidding round, or provide unacceptable bids to cover up a bid-rigging scheme. Other bid-rigging agreements involve subcontracting part of the main contract to the losing bidders, or forming a joint venture to submit a single bid.Bid rigging stifles free-market competition, as the rigged price will be unfairly high,” said Dunga.

He added that the typical objective of bid rigging is to enable the winning party to obtain contracts at uncompetitive prices, higher prices if they are suppliers or lower prices if they are buyers.

Principal Secretary for Industry, Trade and Tourism, Dr Ken Ndala, speaking during the celebrations, called upon the general public to play an active role in detecting and reporting bid-rigging practices.

“Bid-rigging is a reality in our economy and has led to loss of huge sums of money by companies and government. Right from the procurement of stationery worth a few thousand kwachas to the construction of multi-billion Kwacha roads and buildings, the government and institutions have lost funds unjustifiably through collusive tendering tendencies of unscrupulous traders,” said Ndala.

Ahead of the celebrations which included a consumers parade, traditional dances and songs, the Commission visited several districts across the country sensitizing procurement officers from government departments and agencies on how to detect and deal with bid rigging.

Speech by the Guest of Honour Henry Mussa

Speech by CFTC Board Chair Daniel Dunga

CFTC launches corruption prevention policy

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Mussa shakes CFTC Executive Director Charlotte Wezi Malonda as Mataya looks on (R)

The Competition and Fair Trading Commission (CFTC) launched a corruption prevention policy on 17 November 2017 in Lilongwe. This is a  clear indication of the Commission’s commitment to support the fight against fraud, bribery and corruption in the country.

Speaking during the launch of the policy, Minister of Industry Trade and Tourism Hon Henry Mussa said the development is part of a wider programme that the government has put in place to eliminate corruption in the public sector.

“I am delighted to note that the Policy embraces principles and spells out strategies that will deter its officers from engaging in any form of corruption. The Policy also outlines various channels through which the traders, consumers and other stakeholders can report any corrupt activities that they suspect or have detected. I therefore sincerely commend CFTC for a job well done,” said Mussa.

He added that the development of the policy is consistent with the values that His Excellency Professor Arthur Peter Mutharika is championing in this country namely patriotism, integrity and hardwork.

Speaking during the launch, Commissioner Joyce Mataya said the development of the anti-corruption policy involved staff and a cross section of other stakeholders.

“It is an important tool in harnessing the core values of the Commission which include transparency, accountability, efficiency, integrity and team work. This Policy, therefore, provides comprehensive series of interventions that I am sure will go a long way in preventing and combating fraud and corruption as the Commission soldiers on to execute its mandate in the country,” said Mataya.

According to the document, the Policy shall guide the Commission in the way it will conduct itself and in the decision it makes regarding issues of fraud and corruption.  It will also encourage the ongoing development of a culture espousing the highest ethical and professional standards and encourage all staff to be vigilant in ensuring that these standards are met. If members of the public suspect fraud or corruption by CFTC officers, they are encouraged to write to the CFTC Institutional Integrity Committee, which works hand in hand with the ACB to ensure that corruption is eliminated in service delivery by organisations. 

In recognition of the Commission's initiatives of fighting corruption at the workplace, in 2014, the Anti-Corruption Bureau named CFTC as one of the top three transparent organisations in Malawi.

Speech by the Guest of Honour Henry Mussa

Speech by CFTC Board Chair Daniel Dunga

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