UNPACKING CONSUMER PROTECTION IN ZIMBABWE PRESENTATION BY Ms R SIYACHITEMA CCZ EXECUTIVE DIRECTOR

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. 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.

Background Elements of consumer protection were articulated by J.F Keneddy in his message to congress in 1961, where he said; “Consumers, by definition, include us all. They are the largest economic group in the economy, affecting and affected by almost every public and private economic decision. Two-thirds of all spending in the economy is by consumers. But they are the only important group in the economy, whose views are often not heard.”

Background We the consumers are the people that make trade work. We are the largest constituency in the economy and should be one of the main beneficiaries of trade , yet business governments and international organisations do not always get to hear the voice of consumer Consumers’ International (CI) is in active dialogue with WTO and other key global organisations including multi-national campaigns Influencing on trade and trade issues

Background Influencing trade negotiations through coordinated support of transatlantic consumer dialogue Training by CI to develop skills Proliferation of regional and bilateral free trade agreements Need for transparency/ accountability Some of these Trade agreements address new areas of policy that have profound effect on consumers

Food safety Digital technology Product variety and prices Safety information redress (nutrition and health claims

Background If trade was focused on consumers the following would apply Listen to consumers Respect consumer concerns Tackle corruption and lack of competition Consumers and use of digital technology Consumers matter in trade without them, there is not much trade

CONSUMER PROTECTION

Consumer Rights The right to satisfaction of basic needs The right to safety The right to information The right to choose The right to be heard The right to redress The right to consumer education The right to a healthy, sustainable environment

CONSUMER RESPONSIBILITIES Critical Awareness Action Social Responsibility Environmental Responsibility Solidarity

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/Trade

Ref to U.N Guidelines on Consumer Protection Any good government should ensure consumers are protected The protection of consumers from hazards to their health and safety; The promotion and protection of the economic interests of consumers; Access of consumers to adequate information to enable them to make informed choices according to individual wishes and needs; Consumer education, including education on the environmental, social and economic impacts of consumer choice; Availability of effective consumer redress; Freedom to form consumer and other relevant groups or organizations and the opportunity of such organizations to present their views in decision-making processes affecting them; The promotion of sustainable consumption patterns

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... functional toll free numbers call centres, pro-active customer relations complaints desks, commitments for redress

Consumer rights in the absence of a Consumer protection mechanism But consumer rights are broader and deeper than this. 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 Protection *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. Article 25 of the SADC protocol on Trade- requires member states to implement measures that foster competition and prohibits unfair business practices 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.

THE CONSUMER PROTECTION ACT The main provisions of the Consumer Protection Bill are enshrined in part iii of the document from clause 9 to clause 51and they include; Consumer’s rights to education Right to fair value, good quality and safety of goods. Section 14 of the bill provides for the recovery and safe disposal of designated products or components Section 16 provides for the liability for damages caused by goods Section 18,19 ,20 and 34 provides for the right to choose goods or services of choice without undue pressure and the right to reject or return goods within a reasonable time

Section 26 provides for the right to disclosure of information regarding goods or services and disclosure of prices Section 31, description of product labelling and trade descriptions Section 36 Prohibits false and misleading representations in relation to the marketing of goods Section 39 deals with Auctions Section 42 deals with disclaimer clauses Section 48 provides for the right to confidentiality and privacy

Conclusion To conclude, the importance of Consumer Protection is to safeguard consumers from any kind of exploitation from business organizations and ensuring the position of ‘King of Market’ to consumer.