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NO MORE BUYING UNIFORMS FROM SPECIFIC SUPPLIERS

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MBABANE – No more!

The Eswatini Competition Commission has prohibited schools from compelling pupils and parents to purchase school uniforms from specific suppliers. This practice, according to the commission, violates the right to independent sourcing and freedom of choice.  This was revealed during a press conference on the investigation and decision on anti-competitive trade practices between schools and school uniform suppliers. It was held at Mountain Inn yesterday.  

The commission presented its findings in the presence of officials from the Ministry of Education and Training, Swaziland National Association of Teachers (SNAT) and school stakeholders.

Investigation 

According to the investigation report prepared by the commission, it instituted an investigation into the conduct of school uniform suppliers in April 2018. It was highlighted that the investigation was initiated following public concern regarding the common practice where schools required pupils and parents to purchase school uniforms from specific suppliers. 

“The commission found that the agreements entered into between schools and uniform suppliers deprived learners and parents of freedom of choice and also gave certain suppliers an unfair competitive advantage,” it was stated. 

The report further stated that the commission offered guidance to those affected by the decision, in that schools were advised to follow fair competitive procurement procedures when selecting a supplier for school uniforms, including following a competitive bidding process. 

It was highlighted that schools and suppliers should nullify all exclusive supply agreements within 24 months of publication of the decision of the commission. Pupils and parents were also encouraged to remain vigilant and monitor, as well as report any of the unfair trade practices described in the notice.  

It further cited that the commission’s mandate was to promote competition in the economy and consumer choice was an essential element. The justification was that competition led to more choices for consumers as different businesses catered for various segments of the population where products and services were obtainable from many suppliers.

“The conduct which involves schools and school uniform suppliers entering into exclusive supply agreements restricts freedom of choice as it calls for parents and learners to purchase school uniforms from either the school itself or a specified dealer who may be the only supplier of the uniform,” reads in part the report. 

It further stipulated that in the recent past, parents had no option but to pay the prices set by the exclusive supplier as they had no choice or alternative options. The commission was said to continue monitoring marketing developments in the supply of school uniforms to ensure compliance with the Competition Act of 2007.

Upon adjudication, the commission, through its Board, declared that the exclusive supply agreements were inconsistent with Section 30 (1) of the Act and accordingly, declared the said behaviour as anti-competitive.

 It was stated that the exclusive supply agreements between some schools and suppliers were to the detriment of consumers as often the effect was that the consumers bought school uniform at higher prices than they would ordinarily purchase in a competitive environment. 

Meanwhile, the commission’s CEO, Muzi Dlamini, said their intervention was necessary because the conduct of the schools violated the Competition Act, with consideration also given to the potential savings, now that parents would have the option to purchase school uniforms from any supplier of their choice. 

Manager Cartels and Enforcement Nolwazi Kunene said in the absence of the exclusive supply agreements, the market would be more competitive and as such, the exclusive supply agreements restricted competition in the market for the supply of school uniform. 

Decision 

The full decision by the Board of Commissioners is accessible for viewing or downloads at www.compco.co.sz. 

Although not present during the event, Eswatini Principals Association (EPA) President Welcome Mhlanga confirmed that school heads were aware of the probe that was done with regard to uniform supplies in schools.

Mhlanga recommended that since the probe was now concluded, there should be more advocacy and school heads should be fully engaged on it. When quizzed if they received the directive in positive light, the president stated that he was neither for nor against it as there were still consultations that would take place. 

He said their concern was that the current resolution would lead to parents purchasing school uniform from different suppliers and this would alter uniformity.  Nonetheless, Mhlanga said he did not fault the resolutions since quality education was in the classroom and not in the wearing of school uniform. 

“In the current situation of the COVID-19 era, we can’t even fuss on it because there are challenges that require more attention,” Mhlanga said.

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