By Our Reporter
High Court Judge Allan Hans Muhome has ordered Competition for Fair Trading Commission-CFTC to repay K2.1 billion to Airtel Malawi within 14 days.
After investigations, in 2021 CFTC imposed a fine to Airtel Malawi when found guilty for violation of fair trading regulations under Section 43 of the CFTA on then bonus scheme called KhetheKhethe Loyalty Program.
In his determination, Justice Muhome explains that CFTC has no powers to issue fines because there is no stipulation of such in the Act.
However, the judge upholds the CFTC findings that Airtel Malawi was in breach of Section 43 (I) (g) of the CFTC Act should stop and desist from engaging in unconscionable conduct.
He has therefore advised Director of Public Prosecutions to review evidence and place criminal charges against the appellant, Airtel Malawi.
Meanwhile, Justice Muhome has also commended government and CFTC for coming up with a draft legislation that clearly expresses issuance of fines.