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Fair Competition TRIBUNAL Rules, 2006 - Tanzania

Fair Competition TRIBUNAL Rules, 2006 - Tanzania

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Published by R. Willy Tenga
Rules of Procedure in the Tanzania FAIR COMPETITION TRIBUNAL
Rules of Procedure in the Tanzania FAIR COMPETITION TRIBUNAL

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Categories:Types, Business/Law
Published by: R. Willy Tenga on Apr 15, 2011
Copyright:Attribution Non-commercial

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05/02/2014

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 1
ISSN 0856-034XSupplement No. 43 22
nd
December, 2006
 SUBSIDIARY LEGISLATION 
to the Gazette of the United Republic of Tanzania No. 51 Vol. 87 dated 22
nd 
December, 2006  Printed by the Government Printer, Dar es Salaam, by Order of Government 
GOVERNMENT NOTICE NO. 189 Published on 22/12/2006
THE FAIR COMPETITION ACT, 2003No. 8 OF 2003 __________ RULES _______ (Made under section 89) ________ THE FAIR COMPETITION TRIBUNAL RULES, 2006PART I
Citation
 
1. These Rules may be cited as the Fair CompetitionTribunal Rules, 2006.
 Interpretation
 
2. In these Rules, unless the context requires otherwise-“Act” means the Fair Competition Act, 2003;“appellant” means a person who lodges an appeal before theTribunal;“applicant” means a person who files an application beforethe Tribunal;“Chairman” means the Chairman of the Tribunal andincludes the Chairman of the Tribunal as constituted for a particular proceeding;“Commission: means the Fair Competition Commissionestablished by the Act;“Public Register” means the public register of the Tribunalas provided for under section 85(4) of the Act;
 
 2“Registrar” means the person appointed to be Registrar of the Tribunal under section 86 of the Act;“Register: means the Register of the Tribunal;“Registry” means the Registry of the Tribunal“regulatory body” means the Energy and Water UtilitiesRegulatory Authority (EWURA), TanzaniaCommunications Regulatory Authority (TCRA), Surfaceand Marine Transport Regulatory Authority (SUMATRA)and Tanzania Civil Aviation Authority (TCAA) or any other regulatory body the decision of which is appealable to theTribunal;“Respondent” means a person against whom an appeal has been lodged or an application has been filed;“Tribunal” means the Fair Competition Tribunal established by Act.
PART IIPROCEDURE FOR APPEALS AND APPLICATIONS
Tribunal address for  service
3. The service of documents on the Tribunal shall beaddressed to the Registrar.
 Appearances
4.-(1) A party to any proceedings before the Tribunal mayappear in person, by an advocate, legal representative or anauthorized officer.(2) A person not resident in the United Republic of Tanzania may appear by a duly authorized attorney.
 Language
5. The language of the Tribunal shall be English or Kiswahili, but all judgments, orders or decisions of theTribunal shall be in English.
Time of payment of fees
6. The fees payable on lodging or filing any document shall be paid at the time when such document is lodged or filed.
Commencement of appeal 
7.-(1) Any person who wishes to appeal to the Tribunal shalllodge a written notice in ten copies.
 
 3(2)
 
Subject to these Rules, every notice shall be lodgednot later than fourteen days of the date of the decisionof the regulatory body against which it is intended toappeal.(3)
 
Every notice of appeal shall state whether it isintended to appeal against the whole or part only of the decision, and where it is intended to appeal against part only of the decision shall specify the partcomplained of, and shall state the-
 
(a)
 
name, postal, physical and service address of the appellant; and(b)
 
name and address of the respondent,and shall be signed and dated by the appellant or on his behalf by his duly authorized officer or his legalrepresentative.(4)
 
The appellant shall, not later than seven days after lodging a notice of appeal, serve a copy on therespondent.(5)
 
Upon receipt of notice of appeal the Registrar shallwithin three days send a copy to the Commission or the relevant regulatory body.(6)
 
Every person on whom a notice of appeal, is servedshall, within seven days after service lodge and serveon the appellant and every other person named in thenotice of appeal-(a)
 
notice of address for service; and(b)
 
notice of cross-appeal if he intends to appeal.(7)
 
The notice referred to in sub-rule (6) shall state, in thecase of-(a)
 
notice of address for service, both postal and physical address of, and shall be signed by therespondent; and(b)
 
notice of cross-appeal, particulars stipulatedunder sub-rule (3).(8)
 
A notice of appeal shall be substantially in the FORMA specified in the Second Schedule to these Rules.

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