Customer and Consumer Rights The Zimbabwean Perspective Presentation

Customer and Consumer Rights: The Zimbabwean Perspective Presentation by Ms. R. Siyachitema Executive Director of the Consumer Council of Zimbabwe

Background � � � 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

BRIEF CONTEXT � 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.

Customer and 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

Customer and 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 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.

Customer and Consumer Rights The Consumer Protection Bill

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. 5/21/2014 8

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

the consumer protection bill � 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

Conclusion � 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.

Important references. Universal Consumer Rights http: //www. consumersinternational. org/who-weare/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

Thank you. .