High Court Judge Allan Muhome has ruled in favour of Airtel Malawi in an appeal case involving the telecommunication company and the Competition and Fair Trading Commission (CFTC) over 2.1 billion Kwacha fine.
CFTC fined Airtel Malawi 2.1 billion Kwacha for what it termed as unconscious conduct, after it established that the company’s decision to stop automatic crediting of Khethe-Khethe loyalty bonus and forfeiting bonuses for those who did not claim (around 2018), was unfair trading.
Airtel Malawi made the appeal on eight grounds challenging the fine by CFTC, but judge Muhome granted the appeal on one ground that CFTC does not have powers to issue administrative fines (enforcing criminal jurisdiction), but dismissed other seven grounds.
The Judge has also ordered CFTC to refund the 2.1 billion Kwacha fine within 14 days.
He has also ordered the Director of Public Prosecutions to review evidence of the case and consider placing criminal charges against Airtel Malawi.
