BACKGROUND TO THE ORGANISATION

The Competition and Fair Trading Commission (CFTC) is a statutory body established under the Competition and Fair Trading Act (“the Act) Chapter 48:09 of the Laws of Malawi. The objective of the Act is to safeguard and encourage competition and fair trading in Malawi. In this regard, the Commission is responsible for ensuring that businesses are not engaged in anti-competitive trade practices; and regulating and monitoring monopolies and concentration of market power thereby strengthening efficiency of production and distribution of goods and services, securing the best possible conditions for freedom of trade, safeguarding consumer welfare and setting a favourable operating environment for expansion of the country’s entrepreneurship base.

The CFTC is inviting applications from suitably qualified candidates of Malawian Nationality to fill the following vacant position:

Job Title : Director of Legal Services
Grade: CFT 2
Responsible to: Executive Director (CFT 1)
Duty Station: CFTC Head Office, Lilongwe

Purpose of the Job

To provide expert advice to the Commission with respect to enforcement of and compliance with the CFTA. The Director shall be required to provide leadership in conducting litigation on behalf of the CFTC. Further the Director shall be responsible for ensuring consistency and excellence in the application of the enforcement mechanism as provided for under CFTA.

Duties and Responsibilities

The specific responsibilities of the Director of Legal Services shall include:

• Providing expert legal advice to the Commission with respect to Enforcement of and compliance with the Competition and Fair Trading Act, Consumer Protection Act and any other related Legislation and Legal instruments.
• Providing thought leadership in competition matters with the aim of enhancing Malawi’s competition regime; clear advice and guidance to the Executive Director and CFTC case officers or teams to ensure that CFTA is effectively applied;
• Negotiating agreements with other regulatory authority to co-ordinate and harmonise the exercise of jurisdiction over competition matters within the relevant industry or sector, and to ensure the consistent application of the principles of the Act
• Providing secretarial services to the Commissioners.
• Negotiating and concluding consent orders in terms of section 39 (2) of the Act.
• Representing the CFTC in all legal matters and liaise with external counsel where necessary:
• Maintaining good relations with government departments, courts, private sector and overseas competition authorities;
• Initiating reviews of laws and regulations pertaining to Competition and fair trading and advise the Executive Director and management on any new developments in the area or the need to review the CFTA;
• Conducting continuing legal education for Commissioners and members of staff on handling of cases and general legal knowledge;
• Instituting and enhancing compliance programs with willing private sector companies.
• Securing Court Orders or Warrants to help in conducting investigations and Dawn Raids.

Qualifications and Competencies

The ideal candidate should have the following requisite qualifications and attributes:

• A minimum academic qualification of LLB (Hons) Degree from a recognized University.
• Those with Master’s Degree in Law will have an added advantage
• Be in possession of a valid Legal Practitioners License.
• A minimum of eight (8) years work experience in conducting and managing litigation.
• Knowledge of competition and consumer law and regulatory authority desirable.
• Ability to work under pressure and as part of a team.
• Have strong analytical and communication skills with the ability to grasp new issues quickly and provide sound judgement.
• Have excellent interpersonal skills and be self-motivated
• Have excellent negotiation skills
• Be of outstanding honesty and integrity

Appointment and Remuneration

The Position for Director of Legal Services is a contract position hence the successful candidate will be on a three-year contract renewable subject to performance.

The successful candidate will be offered an attractive salary and benefits in accordance with the CFTC’s Conditions of Service.

Method of Application

Applications including detailed Curriculum Vitae (CV’s), photocopies of relevant certificates and names and contacts of at least three (3) Referees should be sent to the following address not later than 31 May, 2024.

The Comptroller of Statutory Corporations
Department of Statutory Corporations
P.O. Box 30061
LILONGWE 3