The Competition and Fair Trading Commission (CFTC) says it has started enforcing recent rulings by the Common Market for Eastern and Southern Africa (Comesa) Competition Commission (CCC) on pay television services and airline accountability.
CFTC said this is in line with regional efforts to protect consumers from unfair trading practices.
Speaking in an interview on Monday, CFTC spokesperson Innocent Helema confirmed that they are working closely with the CCC under existing cooperation provisions in the Competition and Fair Trading Act and a memorandum of understanding (MoU) signed between the two bodies.
He said the framework allows for joint investigations, information-sharing and capacity building, particularly in cross-border cases involving multinational operators.
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Said Helema: “We have a working relationship with CCC through the cross-border cooperation provisions in the law as well as the MoU.
“These cover cooperation in investigations of unfair trading practices and anti-competitive conduct, including mergers and also relate to technical capacity building and information sharing.”
He explained that once a Comesa ruling is issued, the CFTC is mandated by law to record and register it with the local courts, ensuring full enforceability within Malawi.
Helema said consumers who experience unfair practices from Pay TV or airline operators can lodge complaints through multiple channels, including a toll-free line, social media, the CFTC website www.cftc.mw, or in person at commission offices.
CFTC’s action follows a call from the CCC, which recently urged national regulators to implement regional rulings that found pay TV providers and airlines liable for unfair business conduct.
CCC CEO Willard Mwemba is quoted as having said in Nairobi, Kenya last week that the cases revealed patterns of anti-competitive behaviour and poor accountability, including unilateral price increases and passenger mistreatment during flight delays and cancellations.
He said the rulings are designed to ensure that consumers in all member States, including Malawi, enjoy fair prices and better service standards.
Mwemba stressed that national authorities such as the CFTC play a crucial role in ensuring compliance.
But Consumers Association of Malawi executive director John Kapito said implementing regional rulings often faces serious domestic and legal obstacles.
He noted that Malawi’s courts may hesitate to enforce Comesa decisions without specific enabling legislation.
“National courts may refuse to enforce Comesa rulings unless the relevant treaty provisions have been incorporated into domestic law,” he said.
Kapito said the “exhaustion of domestic remedies” rule applied by the Comesa Court of Justice makes it harder for consumers to access regional justice.
“The Comesa Treaty itself does not always have a direct, immediate effect on national legal systems. Domestication often requires specific legislative action by member States, which can be slow and politically complex,” he said, warning that this legal gap creates uncertainty for businesses and consumers alike.
The CFTC has in recent years handled several complaints related to pay TV pricing and airline service standards, but the latest Comesa rulings could be a turning point.
