Mabibo Beer, Wine and Spirit Limited, have demanded an immediate withdrawal, by the Fair Competition Commission (FCC) Director General Frederick Ringo, of the order preventing the company from announcing its exclusive rights of importing and distributing Windhoek Premium Lager Beer in Tanzania.
Mabibo’s International Independent Consultant , Mr James Rugemalira, said failure to that his company would initiate criminal proceedings against Dr Ringo and demand compensation from the FCC for causing losses through the publication of the order notice.
“The FCC order is illegal and we will not obey it,” Mr Rugemalira, told a news conference in Dar es Salaam yesterday. He added, “We have been very much surprised by the way the commission conducted itself in this matter. We cannot allow an institution like FCC to act like a private owned body.”
He said that his company has written a demand letter to Dr Ringo, expressing its concern and objection to the order. In its notice dated October 17, 2013, the commission ordered Mabibo Company to stop issuing information about the exclusive right to import the beer brand pending investigations into the matter and that it should stop forthwith demanding competitors to seek their consent to import or distribute the beers.
However, Mr Rugemalira reacted: “This is very disturbing, deceiving and in total disobedience of the decree issued by the Kinondoni District Court in 2010.
It is surprising that an institution like FCC breaches the law openly. We will not stop enforcing the decree.”
In the decree which was issued by Resident Magistrate Sudi Fimbo on October 15, 2010, the court declared, among other things, that nobody is allowed to sell in the Tanzanian market, Windhoek beer which does not bear code number MB66, except where specific written consent of Mabibo has been sought and obtained.
The court also 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 Larger beer where they have not formally applied and obtained written consent of Mabibo. It warned that failure to comply with the prohibition orders shall amount to contempt of the orders of the court.
By FAUSTINE KAPAMA, Tanzania Daily News
