Revitalizing Malawi’s Economy: Harnessing Comesa Rulings to Fuel Business Growth in Key Sectors

Key Business Points

• The Competition and Fair Trading Commission (CFTC) is enforcing Comesa rulings on pay television services and airline accountability to protect consumers from unfair trading practices.
• Cross-border cooperation between the CFTC and Comesa Competition Commission (CCC) enables joint investigations, information-sharing, and capacity building to tackle anti-competitive conduct.
• Consumers can report unfair practices through multiple channels, including a toll-free line, social media, the CFTC website, or in person at commission offices, using phrases like "Zipatso zandikondwera" (report unfair practices) to exercise their rights.

The Competition and Fair Trading Commission (CFTC) has begun enforcing recent rulings by the Common Market for Eastern and Southern Africa (Comesa) Competition Commission (CCC) on pay television services and airline accountability. This move is in line with regional efforts to protect consumers from unfair trading practices, such as "kulandira kwa tsogolo" (consumer protection). The CFTC is 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.

The framework allows for joint investigations, information-sharing, and capacity building, particularly in cross-border cases involving multinational operators. CFTC spokesperson Innocent Helema confirmed 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. Consumers who experience unfair practices from Pay TV or airline operators can lodge complaints through multiple channels.

The 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 stressed that national authorities such as the CFTC play a crucial role in ensuring compliance, and that the rulings are designed to ensure that consumers in all member States, including Malawi, enjoy fair prices and better service standards.

However, Consumers Association of Malawi executive director John Kapito noted that implementing regional rulings often faces serious domestic and legal obstacles. Malawi’s courts may hesitate to enforce Comesa decisions without specific enabling legislation, and the "exhaustion of domestic remedies" rule applied by the Comesa Court of Justice makes it harder for consumers to access regional justice. Despite these challenges, the CFTC has in recent years handled several complaints related to pay TV pricing and airline service standards, and the latest Comesa rulings could be a turning point for "uchumi wa Malawi" (Malawi’s economy).

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