The High Court in Blantyre has ordered the Competition and Fair Trading Commission (CFTC) to pay back K2.1 billion which Airtel Malawi paid as a fine for unfair trading.
CFTC fined Airtel Malawi in 2020 for failing to automatically pay Khethekhethe bonuses to customers who qualified for the bonuses.
Airtel was promoting the Khethekhethe bonus facility where it was rewarding customers every time they spend K1000 on voice call or data. Initially, Airtel was rewarding customers automatically but around 2018 the mobile company started requiring t customers to redeem the bonuses and unredeemed bonuses were forfeited.
The commission said by forfeiting the bonuses of its customers to its advantage, Airtel made a financial gain of K2.1 billion.
Airtel Malawi appealed on eight grounds but Judge Muhome granted the appeal on one ground which is that CFTC does not have powers to issue administrative fines
The Judge in his ruling has ordered CFTC to refund the 2.1 billion Kwacha fine within 14 days.
Muhome, however, agreed with CFTC that the mobile firm exploited its customers and proceeded to make the recommendation to the DPP to consider prosecuting the firm.
He ordered Director of Public Prosecutions (DPP) to review evidence in the case and consider instituting criminal charges against Airtel Malawi.
According to Justice Allan Muhome, this should be done within 90 days from today and progress should be reported to the Registrar of the High Court and Supreme Court of Appeal.
