Competition Commission members' appointment: finance seeks Law Division clearance

The Ministry of Finance has sought clearance of Law and Justice Division for appointment of five members of the newly established Competition Commission of Pakistan. Sources told Business Recorder on Friday that Prime Minister Shaukat Aziz has approved the names of the following financial experts.
Khalid Aziz Mirza, proposed Chairman of Competition Commission; Abdul Ghaffar, Member; Ms Rahat Kaunain Hasan, of Securities and Exchange Commission of Pakistan (SECP), Member; Dr Joseph Wilson, Lums Professor of Economic and Law, Member; and Ms Maleeha Mimi, financial sector expert, Member.
Sources said that the Ministry of Finance has asked the Law and Justice Division to draft legal language of the notification before appointment of Chairman and Members of the Competition Commission. The process has been adopted despite the fact that the Monopoly Control Authority (MCA) was hurriedly converted into Competition Commission through promulgation of a President Ordinance over one month ago.
Presently, the notification is lying pending with the Law Division, and Finance Ministry would issue the notification after its finalisation from Law Division. Sources said that the Law and Justice Division is already busy in other important assignments given by the present government. Under the present political situation, there was no need to involve Law Division, which is overburdened with other legal work. There are apprehensions that the issuance of notification might be further delayed due to involvement of Law Division.
Sources said that there is no legal bar in issuance of notification after approval by the Prime Minister. As this notification does not involve any legal or technical language, the issuance of names of chairman and members of the commission does not require such a lengthy process. However, involvement of Law Ministry is another precautionary step being taken by the government.
Explaining impact of delay in issuance's of notification, sources said if there was any change in government in near future, the whole exercise of appointment of new chairman and members of the new commission would be reverted. Obviously, any new government would again directed the Competition Commission to involve Finance Ministry and Law Division to go through the same exercise.
The new commission can not work till the names of the members are duly notified after promulgation of the presidential ordinance. Under the new law, the commission shall establish a fund to meet its expenditure. The fund shall primarily consist of allocations by the government, charges, fees and penalties levied by the Commission and contributions from local and foreign donors or agencies with the approval of the federal government. The commission shall constitute Appellate Benches of the commission comprising not less than two members to hear appeals.