13 Dec 2017

Assistant Minister of Investment, Trade and Industry, Mr Biggie Butale has presented a Bill seeking to address the issue of unfair business practices as well as to keep up with the rapid changes taking place in the marketplace.

Presenting the Consumer Protection Bill on December 12, Mr Butale said government was concerned about the negative importact of the failure to provide recourse to consumers through the process of mediation.

He said although civil proceedings could be instituted in the event of failed mediation, the process was often tedious and prejudicial to consumers.

He pointed out that the Bill would thus repeal and replace the Consumer Protection Act in order to place its administration under the Competition and Consumer Authority, by so doing strengthening its enforcement and implementation and to align it with international best practices. 

He pointed out that the Bill would, among others, address the functions of the Competition and Consumer Authority with respect to consumer protection and appointment of investigating officers.

He added that it would also broaden the functions of the authority in order to align them with international best practices and regional agreements on consumer protection.

Mr Butale, who is also the Member of Parliament for Tati West, said the bill prohibited false, misleading and deceptive conduct that was insufficiently addressed by the Act. 

He said it also provided for the lodging of complaints by a consumer, class of consumers or consumer organisation.

“It also provides for the process of investigation, including the power to summon and question, search and seize, and arrangements to discontinue unfair business practices.

Debating the Bill, Serowe South Member of Parliament and also Minister of International Affairs and Co-operation, Dr Pelonomi Venson-Moitoi called for it to include the protection of children and women against being cast in bad light through marketing and advertising. 

Dr Venson-Moitoi said it should ensure that women and children were not used in distasteful advertisements when they had not consented to such.

Okavango Member of Parliament, Mr Bagalatia Arone, who also supported the Bill, observed that the most vulnerable consumers in any economy were those in rural areas.

He said it was thus important that they be made aware of their rights so that they did not become exploited in today’s world in which some business people resorted to unfair practices due to the overly competitive environment in which they operated.

Member of Parliament Ndaba Gaolathe of Gaborone Bonnington North said while the ministry was doing its best in an endeavour to protect consumers, it needed to guard against going overboard and ending up being too restrictive. 

He also spoke about group saving schemes commonly known as metshelo, saying more often than not, they tended to derive interest higher than the set market rates.

Member of Parliament Wynter Mmolotsi of Francistown South said Batswana had for years been subjected to unfair business practices through, among others, being sold goods of sub-standard quality.

He said what was disheartening was that even when they sought recourse with the relevant authorities, their efforts often drew a blank. 

He thus noted that the proposed law would help bridge such gaps and thus ensure that consumers were not exploited. ENDS