The Consumers Association of Malawi (CAMA) has called on the Malawi Communications Regulatory Authority (MACRA) to immediately withdraw recent tariff increases on mobile data bundles by Airtel Malawi and TNM, arguing the adjustments violate the Communications Act, 2016.
In a statement, CAMA Executive Director John Kapito said the new tariffs were effected at a time when consumers are already facing poor quality service and additional government taxes on mobile transactions.
Kapito added that it is surprising that at a time when Consumers are experiencing poor delivery of Mobile Services, MACRA has decided to reward the two Mobile Network Operators with Tariff increases.
“The ongoing consumer complaints including frequent drop calls, failure to complete financial and business transactions, and loss of purchased data bundles. MACRA should have prioritized addressing network quality and connectivity issues instead of approving higher costs for subscribers”,He explained
Referencing the Communications Act, 2016, Kapito said the law requires transparency and prior notice before any tariff change.
Section 74(1) states that a licensee may set or revise tariffs only with prior approval of the Authority, while Section 74(2) requires “justifiable economic reasons” and Section 74(3)(a) demands the process be “transparent, based on objective criteria and non-discriminatory.”
He further noted that Section 76(a) mandates operators to publish approved tariffs in at least two daily newspapers with the widest circulation, seven days before implementation.
“This was not followed and consumers are demanding MACRA for the withdraw of the recently announced tariffs adjustments by the MNO’s,” Kapito said.
According to CAMA, MACRA also failed to provide consumers with information on the economic justification for the increases and any commitments from Airtel and TNM to improve service delivery as required under Section 75 of the Act.
Kapito said the regulator’s lack of engagement has compromised its mandate and closed door agreements between MACRA and the MNO’s has exposed MACRA not to be working in the interest of the public,” stressed
He therefore reminded the regularatory body that it was established to protect both consumers and operators and must maintain independence in executing its responsibilities.
CAMA has given MACRA seven days to respond to the issues raised and is demanding that the current tariff adjustments by TNM and Airtel Malawi be withdrawn until the proper legal process is followed.
