MOBILE COMPANY’S TRADE PRACTICES UNDER INVESTIGATION

MBABANE – The Swaziland Competition Commission (SCC) has instituted an investigation into trade practices one of the telecommunications companies.

In the quarterly newsletter with a foreword by Chief Executive Officer (CEO) Thabisile Langa it was explained that the initiated investigation was in an effort to protect consumers.

Reliable sources confided the name of the mobile company to the Business Desk. However, it will not be revealed until such time when it has been formally charged by the commission for exhibiting or undertaking anti-competitive practices. The only mobile operators in the kingdom are Swazi Mobile and Swazi MTN. It was disclosed that the commission instituted the investigation into the trading practices in terms of Section 11 of the Competition Act, No. 8 of 2007 which articulates functions of the commission.

“This case is under investigation and redress amounts may only be determinable should there be fines imposed by the Board,” it was reported.   
SCC was established in 2007 to provide for the encouragement of competition in Eswatini’s economy by controlling anti-competitive trade practices, mergers and acquisitions, protecting consumer welfare and providing for an institutional mechanism for implementing these objectives.

The commission monitors, regulates, controls and prevents acts or behaviours likely to adversely affect competition in the country.
Their functions include investigations in relation to the conduct of businesses and mergers, the provision of information for the guidance of consumers regarding their rights, the publication of reports and studies regarding the operation of the Act, advising the minister on matters relating to the Commission, and cooperating with regional and international bodies engaged in the enforcement of competition law and the promotion of a competition culture.

In terms of offences and penalties as outlined in section 42 of the Competition Act, any person who contravenes or fails to comply with any provision of the act, or any directive

or order lawfully given, or any requirement lawfully imposed under the act for which no penalty is provided; omits or refuses to furnish any information when required by the commission to do so; or to produce any documents when required to do so by a notice sent by the Commission; or knowingly furnishes any false information to the commission, commits an offence.

On conviction, they will be liable to a fine not exceeding E250 000 or to imprisonment to a term not exceeding five years or to both.
It was also stipulated that where the offence is committed by a body corporate, every director and officer of such body corporate, or if the body of persons is a firm, every partner of that firm, shall be guilty of that offence, provided that such director, officer or partner shall not be guilty of the offence if he/she proves, on a balance of probability that such offence was committed without his/her knowledge or consent, or that he/she exercised all due diligence to prevent the commission of the offence.

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