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Showing posts from October, 2012

My debt is more than double?

In Namibia, the Consumer Law can do a lot to prevent the endless circle of debt and poverty consumers get trapped in. Take for example the principle of in duplum. “In duplum” is a Latin phrase derived from the word in duplo which means "in double". The rule has its origin in the Roman Dutch law. It basically provides that interest stops running when unpaid interest equals the outstanding capital amount. It has always been considered illegal (and immoral) to charge interest which is more than the original amount owed, except in special circumstances but people such as banks, lawyers, debt collectors, etc get away with it because it is a common law rule. This means there is uncertainty when applying the rule, especially by the courts. Thus a creditor should not charge more than twice the original amount due - but lawyers charges, tracing fees, administrative costs, etc. can inflate the debt to almost any amount? This common law "in duplum" rule has b...

Why is the consumer protection law taking so long to implement in Namibia?

Namibians discuss the Competition Act The Namibia Competition Commission (NaCC) held a consumer awareness week in the capital from 24 to 27 September 2012. The week centred around two issues, namely the competitiveness of Namibia and the need for a consumer protection law. The participants included ministries, government institutions, non-government organisations, the media and members of the public. In the one-day workshop entitled consumer protection, an absolute necessity in Namibia, various aspects of a consumer protection law for Namibia were discussed. The conclusion of the workshop was that everyone agreed a law is necessary and everyone agrees with what should be included. So what has been the delay in tabling a bill to Parliament? The Ministry of Trade Industry's Consumer Protection Division had to decide where Consumer Protection should be housed. In other words, should it stay in the Ministry, be a new Commission or be a division of the NaCC. THAT'...