The Spectrum of Consumer Protection in Zimbabwe – The

The Spectrum of Consumer Protection in Zimbabwe – The Consumer Protection Law Presentation by Ms. R. Siyachitema Executive Director of the Consumer Council of Zimbabwe

Background Zimbabwe lacks a definitive Consumer Protection Mechanism at law While it is regionally and universally* acknowledged that the consumer has rights. In Zimbabwe these are only upheld through a system of the ‘good will’ of the supplier or service provider. Further, For redress, the only consumer watch-dog in the country operates from a platform of ‘persuasion’, with the service providers not duty-bound to conform to the issues raised by the CCZ. In trying to fulfil its mandate, the CCZ has partnered with institutions to educate consumers on their rights and responsibilities. As a result, most consumers are not aware of having consumer rights and those who are do not get any meaningful redress due to the absence of the legal framework underpinning the respect of their consumer rights. 2

8 CONSUMER RIGHTS

UN GUIDELINES ON CONSUMER PROTECTION - definition The UN Guidelines for consumer protection is a declaration of best practices in consumer protection law and policy. The guidelines are not binding, but do provide a set of basic consumer protection objectives upon which governments have agreed, thereby serving as a policy framework for implementation at a national level. Whilst directed primarily at governments, some provisions of the Guidelines are also directed at businesses.

UN GUIDELINES HISTORY The earliest known statement of consumer rights at a political level was given on the 15th of March 1962, when President John F. Kennedy of the United States delivered a speech at a Congress in which he outlined four consumer rights: the right to safety, the right to be informed, the right to choose and the right to be heard. In 1981, the United Nations Economic and Social Council requested the Secretary- General to continue consultations on consumer protection with a view to elaborate a set of general guidelines for consumer protection, taking particularly into account the needs of the developing countries.

UN GUIDELINES HISTORY – Continued In 1983, draft guidelines for consumer protection were submitted to ECOSOC in response to its request. Following extensive discussions and negotiations the Guidelines were adopted by consensus resolution of the United Nations General Assembly on 9 April 1985. They have since been amended by the addition of a new section on sustainable consumption on July 1999. In July 2012, the United Nations Conference on Trade and Development initiated a process to amend and improve the UN Guidelines on the basis of considerable changes on the consumer market.

consumer rights in the absence of a Consumer protection mechanism. Consumer and customer rights in this context are UNSUSTAINABLE. Practices are arbitrary and often serve the interests of all but the consumer. Seemingly meaningful noises are made relating to treating the 'customer as king’ At times, frameworks appear to be in place including. a. functional toll free numbers b. call centres c. pro-active customer relations d. complaints desks e. commitments for redress

consumer rights in the absence of a Consumer protection mechanism. But consumer rights are broader and deeper than this. For starters, like all other rights, They need to be universalised, holding true everywhere and at all times under the same circumstances in the same jurisdiction. Presently such considerations as race, gender, location of business and income bracket inform service providers’ and suppliers’ attitude. In addition, the present environment has nurtured the entrenchment of dominant-to-quasi monopolies that have consistently robbed the consuming public of the right to choice and competitive services.

international best practice Regionally the SADC Declaration on Regional Competition and Consumer Policies and globally the UN Guidelines on Consumer Policies *recognise and enunciate the rights of the consumer. Further, the two bodies require signatory governments to accordingly enshrine them in the Constitution. Zimbabwe is a signatory. Already in the region, South Africa, Malawi and Zambia have enacted such definitive legislation, proving that it is possible to give consumer rights legal standing.

KEY DRIVERS IN CONSUMER PROTECTION Product availability Accessibility Prices / value for money Product Safety Reliability Timely Delivery Confidentiality of personal / customer information Too much information in the market

REGULATORS A good government has a responsibility to protect the consumer. The following institutions which were created from various acts of parliament have been given a mandate to protect the consumer and oversee the services being provided: Postal and Telecommunications Regulatory Authority of Zimbabwe Zimbabwe Electricity Regulatory Authority Health Professions Authority Medicines Control Authority of Zimbabwe Reserve Bank of Zimbabwe Environmental Management Agency Broadcasting Authority of Zimbabwe Insurance and Pensions Commission These institutions have become more powerful and have disregarded the rights of the consumer i.e. not giving sufficient information to the consumer, not being visible etc.

Continued: Regulators should: Provide a consumer protection framework for all Sectors in relation to the Consumer Protection Act (Part VIII Section 97 Relations with Regulators). Create conditions for consumer satisfaction by providing for consumer rights and outlining the responsibilities of consumers in exercising their rights. Facilitate the provision of a consumer care system by service providers. Provide a clear complaints handling procedure and dispute resolution mechanism for all sectors.

The rationale The consuming public has rights and those who provide them with services and goods are. Duty-bound/obliged to ensure that they are aware of these rights and uphold them Aware that any failure to do so will result in corrective and even punitive measures being taken Aware that these rights are constant and universal. The market cannot remain a jungle in which the consumer is consistently the prey of choice. 13

CONSUMER PROTECTION

CURRENT LEGISLATION Currently the following acts are in place to try and protect the consumer but there are scattered they do not protect the consumer effectively: Consumer Contract Act Competition Act Class Action Act Small Claims Court Act Patients Charter National Incomes and Pricing Commission Act (2007) This is why for the past six (6) years the Consumer Council of Zimbabwe is in the forefront of pushing for the Zimbabwe Consumer Protection Act which is now with the Cabinet Committee on Legislation.

the consumer protection ACT The CPA is meant to: Specifically with interest to the Information Society under Part IV Section 57 Conflicting Provisions and interpretation the issue of concurrent jurisdiction is dealt with the Consumer Protection Act “in case of conflict between this act and any other law protecting consumers .however the law that provides the greater degree of protection for consumers shall prevail”. Part III Section 48 talks about Powers of the Authority in relation to other bodies section (c) part (ii) and section (g).

the consumer protection ACT Continued The CPA is meant to: Be as comprehensive as possible to ensure that regulators, legislation and policy do not perennially play catch up Create a platform wherein business practices operate from a standard in relation to consumer rights. Be alive to the emerging markets and technologies with the view of protecting the consumer. Encourage competition, while simultaneously discouraging market domination bordering on monopolies. Pay particular attention to the services sector, ensuring that the sector adheres to consumer friendly modes of operation. 31/03/2016 17

the consumer protection ACT – continued The Consumer Protection Act will: 1) Ensure that the consumer is aware of his/her responsibilities. . 2) Mandate consumer education and this entails consumer education [e.g. by the CCZ, government departments such as health, ICT e.t.c] 3) Encourage the dissemination of information using various platforms such as the electronic and print media, leaflets and billboards as well as educational programs in schools .e.t.c] 4) Facilitate frameworks for regional and international cooperation in the area of consumer protection, particularly in this era of regional integration and globalisation. 5) Ensure policies are in tandem with international trade obligations.

the consumer protection ACT The Consumer Protection Act will ensure expeditious and easily accessible redress for consumers by: 1. Creating a National Consumer Commission to administer the Consumer Protection Act. 2. Creating a National Consumer Forum to serve as the umbrella body of consumer bodies. 3. Establishing a Consumer Ombuds-person to decentralise and speedily settle disputes 4. Giving the National Consumer Commission powers to act against offenders, through a Consumer Tribunal whose findings are legally binding. 31/03/2016 19

Thank you, Tatenda, Siyabonga For further information visit our Facebook page https://www.facebook.com/The-Consumer-Council-ofZimbabwe-469903906389939/ Our Offices 35 Rhodesville Road, Eastlea Harare Tel: 496479 Telfax: 263 4 498441 E-mail: [email protected]