Protecting the consumer
The Competition and Consumer Authority has been implementing the consumer protection mandate for over two years now. The Authority implements an Act that is believed to be very progressive and modern and there is optimism in the horizon that the sought-after consumer welfare will be a reality in the Botswana markets. The big question on everyone’s lips is whether consumers feel protected now that there is a law that protects them? Not necessarily!
The law has to be implemented; consumers have to be aware of their rights and register complaints; businesses have to respect the rights of consumers; and unsolved consumer complaints have to go before the Competition and Consumer Tribunal for resolution.
A peep into the files at the CCA shows that consumers have been coming forward to enforce their rights, every month hundreds of complaints are reported. A lot of these cases are not particularly complex, these are disputes which are invariably resolved at the first instance of the Authority’s intervention.
Hundreds have been resolved to the satisfaction of both the business and the consumer. Some of these disputes are resolved within hours, days and up to a few weeks. A great majority of these are resolved by the Authority and do not need any intensive investigations and referral to the Competition and Consumer Tribunal.
To instance examples, the CCA files reveal some typical complaints that were resolved during the Christmas break and these mirror a lot of the cases that come to the Authority on a daily basis.
A dead new battery
A Mochudi man bought a car battery at a store in Gaborone and in less than a month, the battery was giving him trouble. The battery was unable to start his vehicle. He approached the store which did not want to refund the consumer nor to replace the battery. He was at his wits end. It was at this point that he approached the CCA.
When the CCA contacted the battery store their attention was drawn to the provision that protects the consumers from unsafe and poor quality goods. The provision gives consumers the right to return purchased goods provided there are in a merchantable condition within six months of the purchase if the product does not satisfy requirements and in such instances the product can be replaced or the consumer refunded (Consumer Protection Act section 16;2).
The battery store readily admitted their error and replaced the defective battery with a new one. The customer is happy. LPG cylinder gas that ran out in four days A Francistown lady bought 9kg bottle of cooking gas and within four days, the bottle was empty. She was obviously baffled as the same quantity usually takes much longer.
The gas company ruled out any leaks on the bottle but still they would not want to accept responsibility.
When the CCA intervened, the gas company agreed that since the bottle was not leaking and that the bottle was bought from them, they have to replace the gas bottle with a new one. The consumer was happy that the CCA assisted, the Gas company on the other hand promised to use the complaint as a call to look into their processes so as to ensure that their customers are served better.
A smashed cellphone screen
A Serowe elderly man bought a cellphone at a local phone store, while he was charging the phone at home he realised that the phone screen was smashed and he went back to the store demanding either a refund or a replacement. The store insisted that while they wanted to help, the phone had been damaged and they could not take it back. Since the phone was no longer in a merchantable condition the CCA could not force the store to refund nor replace the phone.
Who is a consumer
A Kanye businessman approached the CCA for assistance after he was contracted to buy and transport tombstones and granite for a client only to be ‘dumped’ when he was on the verge of erecting the tombstones.
The client who had obviously changed her mind wanted a refund. The businessman does not want to pay the refund because the business has already incurred costs including significant transport costs.
How can I refund her when I have already committed so much money and time into this? Charged the businessman.
Unfortunately, the CCA cannot help the Kanye businessman because he is not a consumer. A consumer is defined as any person or a non-profit organisation that does not intend to use the product sold or supplied to them for business. This definition does not cover this businessman; he can resolve his dispute using other laws that protect him.