AfricaPress-Tanzania: THE African Court on Human and Peoples’ Rights (AfCHPR) has suspended the 56th ordinary session whose proceedings kicked off on March 2, 2020 in Arusha City due to coronavirus (COVID-19) outbreak.
According to a statement issued by the continental court yesterday, the proceedings were scheduled to end on March 27, 2020.
The President of the African Court, Justice Sylvain Oré, said the measure was necessary to prevent any risk of contracting COVID-19 by the Judges and members of staff.
‘’The Court has decided to act decisively in the interest of health and safety of all Judges, staff and residents of Arusha and beyond,’’ he stressed in the statement.
Among other emergency measures taken by the Court, he said, was to decongest the Court by ordering all non-essential staff to work from home and key departments with limited staff to carry out their duties on a shift-basis until further notice.
The President of the Court has urged the staff to take precautionary measures during this difficult period by ensuring that they adhere to all hygienic conditions, including use of sterilisers, frequently wash their hands and abstain from crowded places, among other things.
The Court is composed of 11 Judges, nationals of member states of the African Union elected in their individual capacity.
The Court meets four times a year for ordinary sessions and may hold extra-ordinary sessions, as well when needs arise.
Meanwhile, the Fair Competition Commission (FCC) has warned importers, traders, manufacturers and dealers in antiseptic, facemasks, gloves that price fixing, creating artificial shortages, refusing to sell such products during the coronavirus crisis.
In a warning statement issued on March 19, 2020, FCC Director General, Dr John Mduma, said there had been complaints on the scarcity and overpricing of the products.
“FCC has investigated and noted that the complaints are valid and reminds importers, traders, manufacturers and dealers that the FCA prohibits unfair trading practices such as overpricing and the like,” reads part the FCC warning.
Traders’ conduct constitutes an offence under the Fair Competition Act 2003 (FCA), in particular Section 9 of the Act.
Under the FCA, offences under the Act can result in compliance orders being issued and, or hefty penalties imposed up to 10 per cent of the entities turnover.
Such penalties can be imposed up to 6 years from the commissioning of the offence and past experience has shown that the FCC does not shy away from taking stern action.
Section 9(I) states that a person shall not make or give effect to an agreement if the object, effect or likely effect of the agreement is: (a) price fixing between competitors; (b) a collective boycott by competitors; or (c) collusive bidding or tendering.
The Subsection (2)(a) indicates that “price fixing between competitors” means to fix, restrict or control the prices, tariffs, surcharges or other charges for, or the terms or conditions upon which, a party to an agreement supplies or acquires, or offers to supply or acquire, goods or services, in competition with any other party to the agreement.
While (2)(b) “collective boycott by competitors” means: to prevent a party to an agreement from supplying goods or services to particular persons, or acquiring goods or services from particular persons, in competition with any other party to the agreement.
Whereas (2)(c) “output restrictions between competitors” means to prevent, restrict or control the production by a party to an agreement of goods or services to be supplied in competition with any other party to the agreement.
