Nacora hails Consumer Protection Policy
A NON-GOVERNMENTAL consumer rights organisation, National Consumer Rights Association (Nacora) has welcomed the enactment of the Consumer Protection Policy as a major step towards empowering consumers as well as improving their rights.
Nacora advocacy advisor, Mr Effie Ncube said the Consumer Protection Bill, which was signed into law by President Emmerson Mnangagwa two weeks ago would go a long way towards according consumers their rights, which have over the years been infringed on by the business community.
“By being there the Consumer Protection Act signifies a huge step in the right direction. The business community has infringed on the rights of consumers in many ways, not least by colluding to fix prices, selling sub-standard goods and services, absence of nutritional labelling, misleading fine print in the financial services industry, hoarding of basic commodities and unjustified price hikes,” he said.
The country has experienced a wave of wanton price increases of commodities especially this year with the business community being accused of greediness as some of the pricing models employed are not justifiable.
According to the new law — published in an Extraordinary Government Gazette dated 10 December 2019 — unfair pricing practices will attract a Level 5 fine ($600) or imprisonment for a period not exceeding three months, or both.
Mr Ncube said there was a need to ensure full and effective implementation of the new law so as to promote good consumer protection practices.
“What’s left now is to improve it (the Act) where it has weaknesses and vigorously enforce it. The composition of the Consumer Protection Commission and the Government’s attitude towards enforcing the law without fear, favour or prejudice would determine whether the new consumer protection regime succeeds. We hope the Act ushers in a new attitude towards consumer rights. For us consumer rights are human rights,” he said.
Aggrieved consumers can now individually approach the courts for redress or refer their complaints to the Consumer Protection Commission, which will be borne out of the new Act.
The Consumer Protection
Commission will enforce the new law through investigators and inspectors who will be deployed across the country.
Mr Ncube, however, said the Act has its anomalies that might need to be amended.
“The law has many weaknesses, especially where it pertains to dealing with independent consumer organisations. Section 63 of the Act gives the minister responsible for the administration and enforcement of the Consumer
Protection Act the power to de-register a consumer protection organisation for reasons. In our view this power should be reserved for a court of law. The minister should approach the court with an application outlining reasons for the proposed registration. After hearing both sides, the court should then make an appropriate determination. Also, we believe there should be lesser penalties such as a reprimand or some other censure before resorting to de-registration,” he said.
Nacora is a citizendriven non-governmental organisation empowering consumers through promoting, protecting and defending their rights in respect of goods and services provided by the private and public sectors cognisant of the fact that a majority of consumers are the poorest and most vulnerable members of society.
The organisation was established in February this year and officially launched on 15 March.