The Fair Competition Commission (FCC) has advised Mabibo Beer Wine and Spirits Limited to appeal to higher authorities if they are aggrieved by the order that blocks their exclusive rights for importation and distribution of Windhoek Premium beer in Tanzania.
“This is an order of a quasi judicial body. Mabibo should take the matter to the Fair Competition Tribunal if they are aggrieved,” the Public Relations Officer with FCC, Mr Frank Mdimi, told journalists on Tuesday.
When the journalists wanted the Director General of FCC, Dr Frederick Ringo, to respond to the objection notice given by Mabibo on the matter, Mr Mdimi quickly reacted: “The order was given by the Commission and not Dr Ringo.
“So he has no jurisdiction to respond. In general we have no comment.” On October 17, this year, the FCC ordered Mabibo Company to stop issuing information about the exclusive right to import the beer pending investigations into the matter.
The company was also ordered to stop compelling competitors to seek their consent to import or distribute the beer. A few days later, however, Mabibo filed an objection and demanded that the FCC withdraw its order forthwith, failure of which the company would initiate criminal proceedings against the Director General and demand damages for losses caused.
The International Independent Consultant of Mabibo Company, Mr James Rugemalira, said that the order given by the FCC was illegal. He said that his company has already written a letter to the FCC indicating clearly that they would not obey any illegal order.
Mr Rugemalira said that the information provided by the FCC in the order was very disturbing.
He added that the information was also deceiving and in total disobedience of the decree issued by the Kinondoni District Court since 2010. He said the FCC was aware of the decree as they were served and acknowledged receipt on November 4, 2010.
According to him, after the Kinondoni District Court had issued the decree, Mabibo wrote a letter to the FCC, requesting enforcement of the ruling.
However, he said, the FCC never responded, meaning that the Commission was deemed to have consented to the decree. “It is surprising now an institution like FCC coming openly to breach the law.
They are now barred by the doctrine of constructive judicial estoppels from objecting or from enforcing the decree. On our part we will not stop enforcing the decree in question,” he said.
In the decree issued by Resident Magistrate Sudi Fimbo on October 15, 2010, the court declared, among others, that nobody is allowed to sell in Tanzania market Windhoek beer, which does not bear code number MB66, except where specific written consent of Mabibo has been sought and obtained.
“It is ordered that the defendant, its owners, agents, directors, servants and other unknown person who are directly or indirectly related to the defendant be permanently restrained from importing Windhoek Premium Large beer where they have not formally applied and obtained written consent of Mabibo.”
The court warned that failure or refusal by the defendant, its owners, agents, directors, servants and other unknown persons who are directly or indirectly related to the defendant or any other persons, to comply with the prohibition orders shall amount to contempt of the orders of this court.
By FAUSTINE KAPAMA, Tanzania Daily News
