18 Mar 2024

Consumers are entitled to receive goods that are safe and of good quality, in good working order and free of defects unless the opposite is disclosed, says the Minister of Trade and Industry Mr Mmusi Kgafela.

Speaking during the commemoration of World Consumer Rights Day in Shoshong on Saturday, Mr Kgafela said the goods supplied must conform to the mandatory standards set by the Botswana Bureau of Standards (BOBS) or other international bodies recognized by BOBS.

This year, the day was commemorated under the theme: My Consumer Rights, My Responsibility.

Mr Kgafela said the theme was purposely chosen by the Competition and Consumer Authority (CCA) as it prioritized public education on the Consumer Protection Act of 2018, for both consumers and businesses and the need for consumers to take a more active role in exercising their rights and responsibilities.

He said the Consumer Protection Act prohibits false and misleading representations by suppliers. This may relate to the availability and delivery of goods, the price of goods or services, the place or origin of goods, undue pressure or harassment in the marketing and supply of goods and services, taking advantage of a consumer’s illiteracy, physical or mental disability, and misleading or deceptive advertising of goods and services.

The minister noted that the law prohibits unfair, unreasonable or unjust contracts, and emphasised that the supplier had an obligation under the law to make a consumer aware of certain terms and conditions in contracts.

“If a supplier does not explain the terms and conditions of the contract before a consumer signs it, they are contravening the law. Ultimately, a contract that contravenes the provisions of the Consumer Protection Act shall not be enforceable against a consumer,’’ he said.

Minister Kgafela indicated that the consumer may return goods to a supplier within six months in their original state without penalty if the goods fail to satisfy quality requirements and standards.

He said where a consumer had returned goods to a supplier in accordance with provisions of the Act, the supplier was mandated to repair or replace the defective goods or refund the consumer the amount already paid.

‘The right to be heard is a fundamental consumer right recognized in key international charters such as the United Nations Guidelines for Consumer Protection, and the Consumer Protection Bill of Rights’’, he noted.

He   said businesses should make available complaints-handling mechanisms to provide consumers with expeditious, fair, transparent, inexpensive, accessible, speedy and effective dispute resolution without unnecessary cost or burden.

Mr Kgafela said the Competition Consumer Authority has recorded and investigated 1 628 consumer complaints from April 2023 to January 2024 and discovered that at least in half of the complaints, consumers were not given an opportunity to be heard as one of the basic consumer rights.

He observed that failure by businesses to address consumer complaints was largely attributed to the absence of established internal Complaints Management Processes in businesses.

He said some businesses were reluctant to investigate and resolve complaints received from consumers, while others were not even aware of the existence of such complaints when the authority undertakes investigations.

He said resolving consumer complaints was not only beneficial to the consumers but to the businesses as well.

“Effective complaints management and excellent customer service results in satisfied consumers who keep on coming back to buy more goods and services from a business,” he said.

He added that consumers have the responsibility to exercise their right to be heard by businesses, adding…”it is your responsibility as consumers to express your dissatisfaction or lodge a complaint to a business about goods or services you are supplied with.”

The ultimate objective of World Consumer Rights Day commemorated annually on March 15 is to ensure that consumers have all the necessary information to make informed decisions as they buy goods and services. ENDS