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1. VACANCY ANNOUNCEMENT

Applications are invited from suitably qualified candidates of Malawian Nationality to fill existing positions in the Competition and Fair Trading Commission (CFTC).

Background Information

The Competition and Fair Trading Commission is a body corporate established under Section 4 of the Competition and Fair Trading Act Chapter 40:09 of the Laws of Malawi. The Commission is a quasi-judicial body whose mandate is to regulate, monitor, control, and prevent acts or behaviours which are likely to adversely affect competition and fair trading in Malawi.

The objective of the Commission is to create an enabling environment for the private sector by promoting effective and fair competition thereby strengthening efficiency of production and distribution of goods and services, securing the best possible conditions for the freedom of trade, safeguarding consumer welfare and setting a favourable operating environment for expansion of the country’s entrepreneurship base.

A. Chief Legal Officer (CFT 4)

The Chief Legal officer shall be responsible for supporting the Directorate of Legal Services in ensuring that the Competition and Fair Trading Act is enforced according to established legal procedures and best practices and making sure that the Act and Commission’s decisions and directives are complied with.

Essential Duties and Responsibilities

  1. Under the direction of the Legal Counsel, the Chief Legal Officer’s main duties shall be:
  2. Conduct legal research on matters relating to enforcement of the competition law and prepare briefing notes for superiors;
  3. Participate in investigation of cases;
  4. Prepare submission and participate in ligation of cases;
  5. Draft legal opinions on various aspects of the Competition and Fair Trading Act;
  6. Draft, examine and advise on contracts and agreements between the Commission and third parties including other regulators;
  7. Participate in case reviews and offer legal advice; and
  8. Develop compliance schemes and programmes.

 

Qualification and Competencies

  1. First degree in law from recognized institution with three years experience in litigation;
  2. Should be a registered legal practitioner in Malawi;
  3. Understanding of the Competition and Fair Trading Act is essential;
  4. Strong drafting skills
  5. Ability to work in a multi-disciplinary team.

 

B. SENIOR PROCUREMENT OFFICER(CFT 5)

The Senior Procurement Officer shall be responsible for all procurement processes and will be working under the Directorate of Corporate Services by ensuring that all procurements at the Competition and Fair Trading Commission are compliant to the Public Procurement and Disposal of Public Assets Act (No 27 of 2017).

Essential Duties and Responsibilities

These will include but not limited to:

  1. Preparing Procurement Plan, in consultation with User Departments and Finance Department, based on the approved budget;
  2. Preparing Bidding Documents for the procurement of goods, works and services;
  3. Managing the Receipt, Closing and Opening of Bids;
  4. Managing Evaluation of Bids and preparing Evaluation Reports for submission to IPDC for consideration;
  5. Drafting and Managing contracts, in liaison with User Departments, to ensure delivery of goods/services and completion of works is in accordance with the contract terms and conditions in order to achieve value for money;
  6. Checking delivery notes and invoices for payment in accordance with Finance and Procurement Guidelines;
  7. Preparing Quarterly Procurement Reports for presentation to Management and the Board;
  8. Advising IPC, management and Board of Directors on all procurement issues within the diocese.
  9. Assist the monitoring of supplier performance and record poor supplier contract performance;
  10. Check Invoices for payment in accordance with contract terms and following Government financial management requirements.
  11. Checking delivery notes and invoices for payment in accordance with Finance and Procurement Guidelines;
  12. Providing Secretarial Services to the Evaluation Teams
  13. Any other duties as assigned from time to time.
  14. Preparing Quarterly Procurement Reports for presentation to Management and the Board;

Qualification and Competencies

  1. Bachelor’s Degree in Procurement and Logistics Management or its equivalent
  2. Be registered with MIPS (Malawi Institute of Procurement Supply)
  3. Understanding of the Public Procurement and Disposal Act and regulations is essential.
  4. Ability to build positive relationship with staff and colleagues
  5. Excellent ability to set priorities, analyze needs and convert those needs into plans and actions as well as effective time management.
  6. Initiative and good analytical skills of works in accordance with the contract terms and conditions in order to achieve value for money;
  7. Problem-solving skills, Change management skills and self-awareness

 

Appointment and Remuneration

Note that these are permanent positions subject to initial 3 months’ probation period and meeting agreed performance targets. The successful candidate shall be offered an attractive salary and benefits in accordance with the Commission’s Conditions of Service.

Method of Application

Applications including detailed Curriculum Vitae (CV’s), photocopies of relevant certificates and names and contacts of at least three (3) Referees should be sent to the following address not later than 29th March, 2019.

The Executive Director

Competition and Fair Trading Commission

Mpikisano House, Old town

Off Mandala Road, Area 3, 1st floor

P/Bag 332,

Lilongwe 3

CFTC, ACB agree to fight corruption together

IMG 1764

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

IMG 0018

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

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