Challenges of Consumer Rights Protection in Zimbabwe
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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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 UNSUSTAINABLE. .
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
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
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
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
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. 11 5/21/2014
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
