CFTC ordered to pay back K2.1bn to Airtel – Capital Radio Malawi
15 April, 2024

CFTC ordered to pay back K2.1bn to Airtel

Kamoto: We are happy with the ruling

The High Court, Civil Division, has given the Competition and Fair Trading Commission-CFTC 14 days to refund 2.1 billion kwacha to Airtel Malawi. 

In September 2020, CFTC fined Airtel Malawi for failing to pay Khethekhethe bonuses to customers who qualified for the bonuses.

The mobile telecommunications company was promoting Khethekhethe to reward a customer after using one thousand kwacha on data or voice calls.

However, CFTC came up with the verdict after finding out that customers were not being rewarded automatically.

In his ruling, Judge Allan Mhone has argued that CFTC does not have the mandate to issue fines as it did.

Reacting to the ruling in brief, Airtel Malawi’s managing director Charles Kamoto said; “I have just been briefly told about the ruling and as a company we are actually happy with it.”

However, Justice Mhone’s ruling found that the mobile telecommunications operator violated some laws and need to be prosecuted.

“The Court upholds the findings of the Respondent that the Appellant was in breach section 43 (1)(g) of the CFTA and that they should cease and desist from engaging in unconscionable conduct.

The Director of Public Prosecutions is hereby Ordered to review the evidence and consider placing criminal charges against the Appellant, under the CFTA and the CPA, or indeed any relevant laws. This exercise shall be concluded within 90 days from the date of this judgement and progress on the same be reported to the Registrar of the High Court and Supreme Court of Appeal.” Reads part of the ruling.

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