Under the direct supervision of the Chief Executive Officer of the Commission and the general direction of the Board of Commissioners, the Director, Legal Services and Compliance is the legal Counsel for the Commission. The office holder is responsible for giving advice and attending to all legal matters of the Commission including the compliance practices with all the relevant legislation such as the COMESA Competition Regulations and Rules, the COMESA Treaty, relevant domestic legislations of Member
States and performing the following specific tasks:
(a) Engage Member States in ensuring that the COMESA Competition Regulations are given force of law in their territories;
(b) Draft MOUs between the Commission and National Competition and Consumer Authorities or relevant Government Ministries in the Member States;
(c) In charge of enforcement actions for all breaches of the COMESA Competition Regulations and Rules with due professional care and skill;
(d) Ensure that the decisions of the Commission are fully complied with by the Member States;
(e) Ensure that the rights and defences of parties are respected in proceedings under the Regulations;
(f) Ensure that decisions of the Commission take due account of the relevant facts;
(g) Negotiate and assist in drafting undertakings/commitments and ensure the accuracy of undertakings/commitments given by enterprises to the Commission;
(h) Develop and implement relevant guidelines/procedures/ manuals pertaining to investigation procedures and ethics, search of premises, confidentiality issues, exemptions etc under the Regulations and Rules and train all relevant staff in their enforcement;
(i) Carry out review of concentration of economic power in the Common Market with regard to possible infringements of the Regulations and Rules;
(j) Assess/review all exemptions possible under the Regulations pertaining to professional bodies and other economic actors in the Common Market and develop guidelines thereto;
(k) Ensure compliance by enterprises to the letter and spirit of the law and provide guidance to business on matters of compliance under the Regulations and educate, train and assist firms or other persons to draft competition compliance programs;
(l) Keep an update on all key developments or best practices at regional and international levels in competition and consumer protection law and recommend appropriate policy and legal review;
(m) Drafting of legal documents and general notices for publication in the COMESA Gazette;
(n) Preparation of departmental budgets, programs and a prioritization system/or process in implementation and submit performance reports to the Chief Executive Officer; and
(o) Undertake other tasks consistent with this job description as may be requested or delegated by the Chief Executive Officer.