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The Common Market for Eastern and Southern Africa(COMESA) Competition Commission

The Common Market for Eastern and Southern Africa (COMESA) is a regional grouping of 21 African States which have agreed to promote regional integration through trade development and trade facilitation. The COMESA Competition Commission is a regional body corporate established under Article 6 of the COMESA Competition Regulations promulgated under Article 55 of the COMESA Treaty, responsible for promoting competition and enhancing the welfare of consumers in the Common Market. The Commission commenced its operation on 14 January ,2013 and is located in Lilongwe, Malawi.

Applications are invited from suitably qualified and experienced professionals from COMESA member states for the position of Legal Officer of the COMESA Competition Commission. The legal officer will be responsible for providing legal services and advice to the Commission and ensuring compliance with all relevant COMESA legal instruments and the protection of the interests of the commission.

  1. Job Title

LEGAL OFFICER (COMESA COMPETITION COMMISSION)

  • Location: Lilongwe, Malawi
  •  Reporting to: COMESA COMPETITION COMMISSION

 

  1.  The Purpose of the Job

The main functions of the Commission are to monitor markets and investigate anti-competitive business practices, control mergers and other forms of acquisitions in the Common Market and mediate disputes between the Member States concerning anti-competitive conduct.

To provide legal services and advice to the Commission and ensuring compliance with all relevant COMESA legal instruments and the protection of the interests of the commission.

  1. Functions/Main duties and Accountabilities

Under the overall supervision of the Director of the Commission and the direct supervision of the Manager Legal services and Compliance, the incumbent of the post shallperform the following duties:

  1.  Prepare legal advice on diverse substantive and procedural issues, which may include those related to administration, procurement, contracts and other operational matters;
  2. Perform extensive legal research and analysis and prepare legal opinions, studies, briefs and reports;
  3. Assist in developing, interpreting and implementing internal legislation, decisions, directives etc;
  4. Ensure that the rights and the defences are respected in proceedings under Part 3, 4, and 5 of the Regulations;
  5. Ensure that draft decisions of the Commission take due account of the relevant facts;
  6. Assist in negotiating and drafting undertakings, and ensure the accuracy of undertakings given by enterprises to the Commission;
  7. Develop and implement relevant guidelines/procedures/manual such as those pertaining to investigations procedures and ethics, search of premises, confidentiality issues, exemptions, etc under the Competition Regulations and Rules;
  8. Assess/review all exemptions possible under the Regulations pertaining to professional bodies and other economic actors in the Common Market and develop guidelines thereto;
  9. Ensure compliance by enterprises to the letter and spirit of the law and provide guidance to business on matters of compliance under the COMESA Competition Regulations and assist firms or other persons to draft competition compliance programs;
  10. Keep an update on all key developments or best practices at regional and international levels in competition and consumer law and recommend appropriate policy and legal review;
  11. Draft legal documents and general notices for publication in the COMESA Gazette;
  12. Submit performance reports to the Manager Legal Services and Compliance as required; and
  13. Undertake any other tasks consistent with this job description as may be requested or delegated by the Manager Legal Services and Compliance and the Director & Chief Executive Officer.
  1. Minimum Academic Qualifications

                    i. Bachelor’s Degree in Law with a strong bias towards commercial, contract, competition or consumer law. Applicants with a Master’s Degree in the appropriate discipline will have an added advantage.

  1. Professional Experience                                                                                                                                                            i. A minimum of 6 years’ experience in law, including litigation, legal analysis, research and report writing. Experience with national competition or consumer authorities will be an added advantage.
  1. Desirable Competencies

Applicants shall be able to demonstrate the following competencies:

  1. Excellent technical competence in handling legal/policy issues.
  2. Excellent oral and written communication skills and ability to influence multi stakeholder processes.
  3. Ability to perform multiple tasks and work under pressure with a wide range of individuals and institutions.
  4. Maintain confidentiality at the highest level at all times.
  5. Creative thinking and problem-solving skills.
  6. Excellent interpersonal skills and ability to work in a multi-cultural and multi-national environment.
  7. Excellent Computer Skills.
  8.  Demonstrated relationship management skills, including proven listening skills and sound business judgment.
  9. Ability to empower and inspire others to translate vision into results; identifies proactively strategic issues, opportunities and risks; establishes and maintains relationships with a broad range of people to understand needs and gain support for organizational direction; anticipates and resolves conflicts by pursuing mutually agreeable solutions; drives for change and improvement; does not accept the status quo; shows the courage to take unpopular stands.
  10. Ability to provide leadership and takes responsibility for incorporating gender perspectives and ensuring the equal participation of women and men in all areas of work; demonstrates knowledge of strategies and commitment to the goal of gender balance in staffing.
  11. Knowledge and understanding of the purpose and objectives of the COMESA Treaty and the COMESA Competition Regulations and Rules.
  12. Knowledge of the operations of the COMESA Competition Commission and the COMESA regional integration agenda is highly recommended.
  1. Working Language Requirement

Applicants must be fluent in English and/or French and/or Arabic (speaking and writing). A combination of any two (2) or all these languages will be added advantage.

  1. Terms of Appointment

The successful candidate will be appointed for an initial contract for a period of four (4) years, extension is subject to availability of funds, performance of the contract holder and approval of successive annual work.

  1. Eligibility for Application

Applicants must be citizens of a COMESA Member country. (Seychelles is a member of COMESA)

10.  Mode of Applications

Interested candidates should contact or send their documents (i.e. completed COMESA application form: https://www.mfa.gov.sc/uploads/downloads/COMESA%20Application%20Form%20-%20English.docx , curriculum vitae, diplomas and certificates) to Mrs Nisha Chengo, Third Secretary, Regional Affairs at the Department of Foreign Affairs on the Email: NSerret@mfa.gov.sc or Tel: 4283590 for more information

The Department would appreciate receipt of all documents by Thursday 6th October 2022 for review before the names of the short-listed candidates are communicated to the COMESA Secretariat.

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