Thread: Do we have Consumer rights in Namibia?

Good day Shebeeners,

The below piece has been posted on The Namibian website and as i have been experiencing more and more adversities in Namibia in terms of lack of accountibility towards the consumer in the Namibian Financial industries, thought to kick-start a discussion around this.

We can discuss from the credit act to the listings process to the fraternities in the Namibian Financial sector for banking and non-banking institutes, to Insurance industries and the inheritance of policies from a former apartheid regime.

I feel to address the questions of the Namibian consumer, it is imperative to have a hard look at what governs the service providers in the financial sector. We need a robust reform in the overall Namibian financial sector, where personally I think the BON does what it really can, but the the country as a whole is not looking at reforming of policies from a previously disadvantaged history of this country. The fraternities in the Financial sector I am aware of are the BON (for commercial banks), NAMFISA(for non-banking financial institutes), NAMAF for the Medical industry. Please add what you are aware of as well. Also most importantly the role the fraternities play and how it can drive or break the Namibian Economy can be part of this discussion.

Let's discuss, this is a really broad topic and ALL is welcome to narrow it down to their concerns of interest. below as also said, the piece from the Namibian:

The Rights Of The Consumer
By: MICHAEL GAWESEB

THE apartheid legacy included disregard for consumer rights as economic growth and development was believed to be achievable through investment in capital and cheap labour. As a result the business sector in South Africa and Namibia was said to be characterised by inefficiency, anti-competitive conduct and limited regard for customer needs and service.
The idea of leaving the market largely untouched left consumer protection basically untouched. A rights-based comprehensive approach to consumer protection in southern Africa is said to have been lacking, especially in Namibia and South Africa due to the above-mentioned ideas by the previous authorities.
The fact is, markets work best in environments where consumers set standards and make demands. Namibia recognised the importance of four institutions in this regard such as the Namibian Competition Commission (NaCC), Namibia Standards Institution (NSI), Trade Board as well as the National Consumer Commission, the first three institutions are said to be fully operational by end of 2010. However, indications are that the National Consumer Commission is a priority.
After at least five years of constant and persistent advocacy by the Namibia Consumer Trust (NCT), the system picked up on consumer protection.
A motion was tabled in the National Assembly on bank charges in 2006 and two bills were tabled in 2010.
NSI recognised the consumer voice by enabling representation on its board. NaCC appreciates consumer protection judging by active participation in such activities since its inception in December 2009.
The latter institution recognised that competition law enforcement and consumer law enforcement are complementary disciplines and directed efforts to consumer protection as well, despite challenges of inadequate legal framework regarding the last mentioned.
The Ministry of Trade on the other hand was recently happy to participate in the ‘Second Annual African Dialogue Consumer Protection Conference - Empowering Consumers through Education and Access to Finance’ (Tanzania).
Consumers are aware about expressed commitment by ministries of Trade and Finance as well as Bank of Namibia (BoN) to shift focus to consumers. South Africa on the other hand seemingly recognised the uncompetitive nature of their economy and adopted consumer bill of rights legislation through their Consumer Protection Act 68 of 2008 that will fully be operational as from October 24 2010.
The act recognised basic consumer rights as adopted by the United Nations in 1985 and revised in 1999 as fundamental. At a symposium in Johannesburg two months ago regarding this act, it became very clear that it’s one of the best if not the best, as presenter after presenter and attorney after attorney stated that it is the best consumer protection act in the whole world. The act basically holds the producer/supplier/service provider strictly liable and even regulators are said to be liable. Regardless if the sale was conducted “voetstoots” there is no getting off the hook.
The act is further said to clearly direct even judges to not only look at what is written, but to apply the spirit of the act as the “act is always interpreted in favour of the consumer”. Advice given to businesses is to think and act from a consumer protection perspective, when in doubt. For example, there is a right for consumers to assume that the goods they buy are of good quality unless the supplier specifically tells them about the weaknesses/defects of the product. The idea of a cheap product being accepted to be of low quality is busted as a myth as the product is supposed to serve the purpose it was bought for. Notices such as, “you break it, consider it bought”, will be unlawful, it must be gross negligence. The price displayed on the shelf is also the price to be paid, not the price scanned at the till, if that happens to be higher than the displayed price.
Consumers no longer have to go to lawyers, but to the consumer protection institution. To prove negligence has shifted to the supplier.
It would be interesting to see how retailers, including banks, operating in Namibia from South Africa will respond this time.
An attorney urged businesses to be friends with accredited consumer organisations as they can lodge complaints. One element that stood out with this act is that counter-presentations were apparently made to authorities during drafting, but were “duly ignored” according to the same attorney.
In Namibia there at least seems to be some agreement between a few regulators, BoN, NaCC, NSI and Namfisa, that the little available fragmented consumer protection legislation calls upon them to work together.
Judging by complaints by a key private sector representative during the recently held employment creation conference, it became apparent that Namibia is highly likely to also shift liability to businesses in fairness to consumers.
Another Minister also relayed his story about a “clear soup” he wanted and the unsatisfactory service he received.
The Ministry of Trade and Industry, and its efforts with regard to consumer protection have been described even by various international consumer colleagues as encouraging.
Consumers are delighted that the new SADC chairperson, President Hifikepunye Pohamba, promised to “accelerate consumer protection and competition” policies in SADC.
Consumer organisations from SADC, Consumers International and the Open Society Initiative for Southern Africa (Osisa) are meeting in South Africa this week and NCT will offer the SADC chairperson co-operation and advice on the way forward thereafter together with colleagues.

* Michael Gaweseb is the executive director of the Namibia Consumer Trust


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the Namibian: The Rights Of The Consumer