Challenges of Consumer Rights Protection in Zimbabwe

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Presentation by Ms. R. Siyachitema
Executive Director of the Consumer Council of
Zimbabwe
 
Zimbabwe lacks a definitive Consumer Protection Mechanism
at law, with the result that....
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.
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
 
The hyper-inflationary era between 2005-09
refers.
The attitude was ‘the consumer should be
grateful to be receiving a service, any service’
This attitude became the default operational
attitude and thrived mainly because there was
no legal framework by way of a CPA to
challenge it.
The concept of consumer rights was ignored.
The undercurrents of such an attitude are still
with us in many ways to this day.
 
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
 
 
But
 consumer rights are broader and deeper than  this.
For starters, like all other rights,
They need to 
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.
 
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.
undefined
 
 
The Consumer Protection Bill
 
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.
 
 
 
5/21/2014
 
8
 
The CPA is meant to:
1.
be as comprehensive as possible to ensure that
regulators, legislation and policy do not perennially
play catch up
2.
create a platform wherein business practices operate
from a standard in relation to consumer rights.
3.
be alive to the emerging markets and technologies
with the view of protecting the consumer.
4.
to encourage competition, while simultaneously
discouraging market domination bordering on
monopolies.
5.
Pay particular attention to the services sector,
ensuring that the sector adheres to consumer friendly
modes of operation.
 
 
 
5/21/2014
 
9
 
The CPA is also meant to:
1)
Ensure that the consumer is aware of his/her
responsibilities. ..
2)
Mandate consumer education and
3)
This entails consumer education [e.g. by the CCZ,
government depts such as health, ICT e.t.c]
4)
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]
5)
Facilitate frameworks for regional and international
cooperation in the area of consumer protection,
particularly in this era of regional integration and
globalisation.
6)
Ensure policies are in tandem with international
trade obligations.
 
 
 
 
 
CPA can ensure expeditious and easily accessible
redress for consumers by:
1.
Creating a National Consumer Commission to
administer the CPA.
2.
Creating a National Consumer Forum to serve
as the umbrella body of consumer bodies.
3.
Establishing a Consumer Ombuds-person to
de-centralise and speedily settle disputes
4.
Giving the National Consumer Commission
powers to act against offenders, through a
Consumer Tribunal whose findings are legally
binding.
 
 
5/21/2014
 
11
 
The business community plays an integral
role in the consumer rights matrix
The input of the business community can and
should help give the drafting of the CPA
focus.
 
Universal Consumer Rights
http://www.consumersinternational.org/who-we-
are/consumer-rights
 
UN Guidelines for Consumer Protection
http://www.consumersinternational.org/media/3386
6/consumption_en.pdf
 
SADC Declaration on Regional Cooperation on
Competition and Consumer Policies
 
http://www.sadc.int/files/4813/5292/8377/SADC_D
eclaration_on_Competition_and_Consumer_Policies
.pdf
undefined
 
 
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Zimbabwe faces challenges in protecting consumer rights due to the lack of definitive legal mechanisms. The absence of a Consumer Protection Act has led to unsustainable practices, arbitrary actions, and limited redress for consumers. The country lags in upholding consumer rights compared to regional counterparts, highlighting the need for comprehensive legislation to safeguard consumer interests effectively.


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  1. Presentation by Ms. R. Siyachitema Executive Director of the Consumer Council of Zimbabwe

  2. Zimbabwe lacks a definitive Consumer Protection Mechanism at law, with the result that.... 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. 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

  3. The hyper-inflationary era between 2005-09 refers. The attitude was the consumer should be grateful to be receiving a service, any service This attitude became the default operational attitude and thrived mainly because there was no legal framework by way of a CPA to challenge it. The concept of consumer rights was ignored. The undercurrents of such an attitude are still with us in many ways to this day.

  4. 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 UNSUSTAINABLE. .

  5. But For starters, like all other rights, They need to universalised 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. But consumer rights are broader and deeper than this. universalised, holding true everywhere

  6. Regionally the SADC Declaration on Regional Competition and Consumer Policies the UN Guidelines on Consumer Policies * 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. SADC Declaration on Regional Competition and Consumer Policies and globally UN Guidelines on Consumer Policies *recognise

  7. The Consumer Protection Bill

  8. 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. 8 5/21/2014

  9. The CPA is meant to: 1. be as comprehensive as possible to ensure that regulators, legislation and policy do not perennially play catch up 2. create a platform wherein business practices operate from a standard in relation to consumer rights. 3. be alive to the emerging markets and technologies with the view of protecting the consumer. 4. to encourage competition, while simultaneously discouraging market domination bordering on monopolies. 5. Pay particular attention to the services sector, ensuring that the sector adheres to consumer friendly modes of operation. 9 5/21/2014

  10. The CPA is also meant to: 1) Ensure that the consumer is aware of his/her responsibilities. .. 2) Mandate consumer education and 3) This entails consumer education [e.g. by the CCZ, government depts such as health, ICT e.t.c] 4) 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] 5) Facilitate frameworks for regional and international cooperation in the area of consumer protection, particularly in this era of regional integration and globalisation. 6) Ensure policies are in tandem with international trade obligations.

  11. CPA can ensure expeditious and easily accessible redress for consumers by: 1. Creating a National Consumer Commission to administer the CPA. 2. Creating a National Consumer Forum to serve as the umbrella body of consumer bodies. 3. Establishing a Consumer Ombuds-person to de-centralise and speedily settle disputes 4. Giving the National Consumer Commission powers to act against offenders, through a Consumer Tribunal whose findings are legally binding. 11 5/21/2014

  12. The business community plays an integral role in the consumer rights matrix The input of the business community can and should help give the drafting of the CPA focus.

  13. Universal Consumer Rights http://www.consumersinternational.org/who-we- are/consumer-rights UN Guidelines for Consumer Protection http://www.consumersinternational.org/media/3386 6/consumption_en.pdf SADC Declaration on Regional Cooperation on Competition and Consumer Policies http://www.sadc.int/files/4813/5292/8377/SADC_D eclaration_on_Competition_and_Consumer_Policies .pdf

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