Legislation

Trade practice and consumer protection proclamation No.685/2010

PART FOUR
TRADE PRACTICE AND CONSUMERS PROTECTION AUTHORITY
31. ESTABLISHMENT
1) Trade Practice and Consumers Protection Authority, (hereinafter referred to as “the Authority”), is hereby established as an autonomous federal government organ having its own legal personality.
2) The Authority shall be accountable to the Ministry.
3) The Authority shall be governed by this Proclamation.
32. HEAD OFFICE
The Authority shall have its head office in Addis Ababa and may establish branch offices elsewhere as may be necessary.
33. INDEPENDENCE OF THE AUTHORITY
The Authority shall be free from any interference or direction by any person with regard to the cases it adjudicates.
34. POWERS AND DUTIES OF THE AUTHORITY
The Authority shall have the following powers and duties:
1) takes appropriate measures to increase market transparency;
2) takes appropriate measures to develop public awareness on the provisions of this proclamation and implementation;
3) Receives and decides on merger notifications;
4) Makes study and research in connection with commercial competition and consumer interests and rights;
5) regularly announces to consumers goods banned by government or internationally from being consumed or sold;
6) organizes various education and training fora and provides education and training in order to enhance the awareness of consumers;
7) ban advertisements of goods and services which are inconsistent with health and safety requirements or with this Proclamation when it is aware of them by itself or when it is reported to it by any person, and order the issuance of announcements of corrections for such advertisements, in the methods the advertisements were made at the expense of the person in whose interest they were made;
8) ensure that the interests of consumers have got proper attention;
9) protect consumers from unfair activities of business persons and from unfair prices of goods and services aimed at obtaining unjustifiable profit;
10) take administrative and civil measures against business persons or other persons on violation of this Proclamation;
11) give necessary advice and support to branch offices to be established;
12) establish relationship and cooperation with national, continental and international bodies having similar objectives;
13) Own property, enter into contracts, sue and be sued in its own name;
14) Perform such other duties as may be defined by law and undertakes other activities necessary for the attainment of its objectives;
15) Determine the employment, administeration and dismissal of the staff of the authority in accordance with federal civil servants Proclamation.
16) Initiate policy issues; participate on policy and strategy drafting undertakings by other organs of government.
35. JUDICIAL POWER AND DUTIES OF THE AUTHORITY
1) The Authority, based on applications submitted to it on violations of this Proclamation, adjudicates, impose administrative and civil sanctions, and gets complainants compensated for damages they sustained.
2) Without limiting the generality of sub article
(1) of this Article, the Authority shall have the following judicial powers and duties:
a) conduct adjudication on acts of violation prohibited under this Proclamation and provisions stated in other laws which have relevance to the case or regulations or public notices issued to implement this Proclamation and where the acts are committed to take correctional or other appropriate administrative or civil measures;
b) commission any person for the submission of information and documents that are necessary to conduct its adjudicative duty;
c) summon witnesses to appear and testify before the adjudicative tribunal;
d) take affidavits or verifications and makes
examinations accordingly;
e)execute civil or administrative decisions it passes and order police or any appropriate organ for their execution.
3) The Authority may take the following administrative and civil measures as it finds appropriate, against any person who violated the provisions of this Proclamation or regulations or public notices issued to implement this Proclamation:
a) order the discontinuation or injunction of the act pronounced inappropriate;
b) order the payment of compensation to the person affected by the act including taking any other appropriate measure that enables to reinstate the victims competitive position;
c) suspend or cancel business licenses;
d) order the payments of compensation to consumers for damages they have sustained;
e) order the seizure and/ or selling of goods
4)When the Authority knows or believes that the of fences provided in this Proclamation are committed, it shall, together with its evidential findings and opinion, submit to the public prosecutor in charge of examining and determining the case.
5) The Authority shall execute decisions passed by the trade practice investigation commission that was established pursuant to the trade practice proclamation No. 329/2003.

36. ORGANIZATION OF THE AUTHORITY
The Authority shall have:
1) a Director General to be appointed by the Prime Minister upon the recommendation of the Minister; and
2) The necessary judges and staff.
37. POWERS AND DUTIES OF THE DIRECTOR GENERAL
1) The Director General being the chief executive of the Authority shall organize, direct and administer the activities of the Authority.
2)Without limiting the generality stated under sub article (1) of this Article, the Director General shall make sure that the powers and duties of the Authority provided for under Articles 34 and 35 of this Proclamation are being executed.
38. APPOINTMENT OF JUDGES
1) Each division of the adjudicative tribunal of the Authority shall have one presiding and two other judges to be appointed by the Prime Minister.
2) The judges shall have the necessary professional qualification, educational background and experience needed for the post.
3) The judges, to be appointed pursuant to sub article (1) of this Article, shall be governed by the federal government civil service laws.
39. REGIONAL STATES’ CONSUMERS PROTECTION JUDICIAL ORGANS
1) Regional states may, when necessary, establish organs that adjudicate on matters of consumer rights protections as indicated in this Proclamation.
2) Consumer rights protection judicial bodies to be established by regional states to adjudicate matters related to consumers as provided for in this Proclamation shall have jurisdiction in connection with commercial activities licensed by the regional states or business persons engaged in such commercial activities or commercial activities conducted in the regional states.
3) Judges working in the consumer rights protection judicial bodies to be established by the regional states shall be appointed by the presidents of the regional states.
40.APPLICABILITY OF PROCEDURAL LAWS
In conducting adjudication the Authority shall apply civil and criminal procedure laws of the Federal Democratic Republic of Ethiopia.

Attachments

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6 replies »

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