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

2. 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.

3. 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.”

4. 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

5. 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

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

7. 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

8. CONSUMER PROTECTION

9. 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

10. CONSUMER RESPONSIBILITIES
Critical Awareness
Action
Social Responsibility
Environmental Responsibility
Solidarity

12. 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

13. 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

15. 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

16. 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.

17. 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.

18. 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

19. 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

20. 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.