1. Competition & Consumer Protection Commission CASE SELECTION FOR CONSUMER/COMPETITION PROTECTION AGENCIES- THE ZAMBIAN CASE BY BRIAN M. LINGELA DIRECTOR-CONSUMER AND EDUCATION COMPETITION AND CONSUMER PROTECTION COMMISSION 5 th African Dialogue Conference 10-12 th September 2013 Zambezi Sun Livingstone

2. 2 CASE SELECTION-ZAMBIA Competition & Consumer Protection Commission OUTLINE Introduction Legal Framework Resources vs Demand Case Selection Criteria Ambit of the Act Merit Other Laws Evidence Priority Examples Conclusion

3. 3 Competition & Consumer Protection Commission CASE SELECTION-ZAMBIA INTRODUCTION-Legal Framework The overarching Law on Consumer Welfare is the Competition and Consumer Protection Act No. 24 of 2010 (“the Act”). The functions of CCPC include-  investigating unfair trading practices and unfair contract terms and impose such sanctions as may be necessary  act as the primary advocate for competition and effective consumer protection in Zambia

4. 4 CASE SELECTION- ZAMBIA Competition & Consumer Protection Commission INTRODUCTION-Resources vs Demand  The Commission has a staff complement of 38, serving a population of 13 million people.  Two operational offices in Lusaka, Kitwe recently Chipata Inspectors from Local Councils assist the Commission in the rest of the districts.

5. 5 CASE SELECTION-ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA  The Act under Section 55(1) gives the Commission power to undertake investigations on its own initiative or on a complaint made by any person, if it has reasonable grounds to believe that there is, or is likely to be, a contravention of any provision of the Act

6. CASE SELECTION - ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA-AMBIT OF THE ACT  The first thing the Commission considers is whether the complaint is covered by the Act. Complaints that are not covered by the Law are immediately dropped/and or referred to other agencies for further consideration.

7. CASE SELECTION - ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA-MERIT  The first thing the Commission considers is whether the complaint has merit or not-i.e. frivolous and vexatious allegations are not taken up  The Commission is mandated to take up all cases received from complainants that have merit

8. 8 CASE SELECTION - ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA - OTHER LAWS  There are several Sector Regulators in Zambia whose mandate includes Consumer protection. Energy Regulation Board - Energy Bank of Zambia - Banking Securities & Exchange Commission - Capital Markets Pensions & Insurance Authority - Pensions and Insurance Local Councils - Public Health National Water Supply and Sanitation Council - Water & Sanitation.  The Commission has signed MOU’s with these bodies. If a case can be resolved expressly by the Sector Regulators, then its referred to the Regulator with no further role by the Commission.  Cases that require both laws and expertise are resolved through Joint Working Committees (JWCS) under the MOUs.

9. CASE SELECTION - ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA – EVIDENCE  Evidence is key in concluding a case. The Commission does not take up cases were its absolutely clear that there is no evidence or the evidence is not admissible in court.

10. 10 CASE SELECTION - ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA – PRIORITY The Commission selects investigations to conduct on its on initiative based on the following-  Emerging trends.  Number of People affected or likely to be affected by the conduct.  Degree of Injury to the Consumer.

11. CASE SELECTION-ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA-EXAMPLES  Mobile Phone Scams - The Commission made a Press Statement warning the public against sms’s that alleged that they had won a prize and needed to send some money to redeem their prize.  The Commission carried out a successful campaign against the display of disclaimers like “No Return, No Refund, No Exchange” by enterprises.  The Commission has given priority to combating the supply of defective goods, which currently accounts for the majority of the cases.

12. CASE SELECTION-ZAMBIA Competition & Consumer Protection Commission CASE SELECTION CRITERIA-CONCLUSION  In the Zambian situation cases are selected based on the following criteria- Ambit of the Act Merit Evidence Priority-Emerging Trends, Number of Consumers affected and Degree of Injury.  The Commission is mandated to investigate all cases that have merit.