Proclamation No. 329/2003 Trade Practice Proclamation that has established trade practice Commission was established at a Federal level was replaced with new Proclamation No. 685/2010 entitled Trade Practice and Consumers’ Protection Proclamation. the objectives of law includes:
1/ protecting consumers rights and benefits;
2/ ensuring the suitableness of the supply of goods and services to human health and safety and installing a system of follow up;
3/ ensuring that manufacturers, importers, service dispensers and persons engaged in commercial activities in general carry on their activities in a responsible way;
4/ preventing and eliminating trade practices that damage the interests and goodwill of business persons;
5/ accelerating economic development.
the previous proclamation established trade practice commission but the new proclamation replaced with the commission with independent judges to be appointed by the prime minster and make it under article 33 INDEPENDENT. it particularly states that the trade practice and consumer protection AUTHORITY is underlined as free from any interference or direction by any person with regard to the cases it adjudicates.
According to article 34 of the proclamation POWERS AND DUTIES OF THE AUTHORITY includes 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, administration 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.
furthermore the proclamation under article 35 the authority through it tribunal composed of judges that are selected by the prime minster have JUDICIAL POWER AND DUTIES which includes:-
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 verification 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 offences 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.
in addition under article 48 RESPONSIBILITIES AND FUNCTIONS OF THE FEDERAL AND REGIONAL STATE COURTS are empowerd to review the decisions of the tribunal;-
1) Federal and regional state courts shall organize trade practice and consumer protection divisions in order to expedite the trade practice and consumer protection activities.
2) Divisions organized pursuant to sub article (1) this Article shall have power to adjudicate and pass decisions on criminal violations
stated under Article 49 of the Proclamation.
according to article 41 of the proclamation the mechanism and parties who can institute ACTIONS are listed
1) By stating the provisions of Part Two of this Proclamation have been violated, any person who is concerned with the application of this Part may apply to the Authority for adjudication or for his right to be protected.
2) Consumers may institute actions for adjudication to protect their rights provided for under this Proclamation at the Authority or at regional state consumer protection body.
3) Any person including the Ministry of trade may institute action at the Authority for administrative or civil measures to be taken
against violators of the provisions of this Proclamation
4) The provisions of the Criminal Code of the Federal Democratic Republic of Ethiopia on discontinuance and extinction of prosecution and penalty shall apply to criminal penalty provisions
of this Proclamation.
5) Civil or administrative action to be instituted
under sub article (1) of this Article shall be barred if not instituted with in six months from the happening of the cause of action.
6) Civil or administrative action to be instituted under sub article (2) of this Article shall be barred if not instituted with in one month from the happening of the cause of action.
as to the application of the procedural laws by the tribunal it is stated under article 40 that In conducting adjudication the Authority shall apply civil and criminal procedure laws of the Federal Democratic Republic of Ethiopia. further more unlike the appointment of ordinary courts the proclamation under article 39 (3) states that 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.
the right to APPEAL by ordinary courts is guaranteed; Any person aggrieved by adjudicative decision of the Authority may appeal to the Federal High Court with in sixty days from the date of the
decision of the Authority
in sum the proclamation under article 22 stressed the THE RIGHT OF CONSUMER as follows:-
1) get sufficient and accurate information or explanation on the quality and type of goods and services he purchases;
2) selectively buy goods or services;
3) not to be obliged to buy for the reasons that he looked into quality or options of goods and services or he made price bargain;
4) be received humbly and respectfully by any business person and to be protected from such acts of the business person as insult, threat, frustration and defamation;
5) submit his complaints to the Trade Practice and Consumers Protection Authority for adjudication; and
6) be compensated for damages he suffers because of transactions in goods and services.
1/ protecting consumers rights and benefits;
2/ ensuring the suitableness of the supply of goods and services to human health and safety and installing a system of follow up;
3/ ensuring that manufacturers, importers, service dispensers and persons engaged in commercial activities in general carry on their activities in a responsible way;
4/ preventing and eliminating trade practices that damage the interests and goodwill of business persons;
5/ accelerating economic development.
the previous proclamation established trade practice commission but the new proclamation replaced with the commission with independent judges to be appointed by the prime minster and make it under article 33 INDEPENDENT. it particularly states that the trade practice and consumer protection AUTHORITY is underlined as free from any interference or direction by any person with regard to the cases it adjudicates.
According to article 34 of the proclamation POWERS AND DUTIES OF THE AUTHORITY includes 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, administration 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.
furthermore the proclamation under article 35 the authority through it tribunal composed of judges that are selected by the prime minster have JUDICIAL POWER AND DUTIES which includes:-
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 verification 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 offences 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.
in addition under article 48 RESPONSIBILITIES AND FUNCTIONS OF THE FEDERAL AND REGIONAL STATE COURTS are empowerd to review the decisions of the tribunal;-
1) Federal and regional state courts shall organize trade practice and consumer protection divisions in order to expedite the trade practice and consumer protection activities.
2) Divisions organized pursuant to sub article (1) this Article shall have power to adjudicate and pass decisions on criminal violations
stated under Article 49 of the Proclamation.
according to article 41 of the proclamation the mechanism and parties who can institute ACTIONS are listed
1) By stating the provisions of Part Two of this Proclamation have been violated, any person who is concerned with the application of this Part may apply to the Authority for adjudication or for his right to be protected.
2) Consumers may institute actions for adjudication to protect their rights provided for under this Proclamation at the Authority or at regional state consumer protection body.
3) Any person including the Ministry of trade may institute action at the Authority for administrative or civil measures to be taken
against violators of the provisions of this Proclamation
4) The provisions of the Criminal Code of the Federal Democratic Republic of Ethiopia on discontinuance and extinction of prosecution and penalty shall apply to criminal penalty provisions
of this Proclamation.
5) Civil or administrative action to be instituted
under sub article (1) of this Article shall be barred if not instituted with in six months from the happening of the cause of action.
6) Civil or administrative action to be instituted under sub article (2) of this Article shall be barred if not instituted with in one month from the happening of the cause of action.
as to the application of the procedural laws by the tribunal it is stated under article 40 that In conducting adjudication the Authority shall apply civil and criminal procedure laws of the Federal Democratic Republic of Ethiopia. further more unlike the appointment of ordinary courts the proclamation under article 39 (3) states that 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.
the right to APPEAL by ordinary courts is guaranteed; Any person aggrieved by adjudicative decision of the Authority may appeal to the Federal High Court with in sixty days from the date of the
decision of the Authority
in sum the proclamation under article 22 stressed the THE RIGHT OF CONSUMER as follows:-
1) get sufficient and accurate information or explanation on the quality and type of goods and services he purchases;
2) selectively buy goods or services;
3) not to be obliged to buy for the reasons that he looked into quality or options of goods and services or he made price bargain;
4) be received humbly and respectfully by any business person and to be protected from such acts of the business person as insult, threat, frustration and defamation;
5) submit his complaints to the Trade Practice and Consumers Protection Authority for adjudication; and
6) be compensated for damages he suffers because of transactions in goods and services.
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