It is not the minerals of Namibia on the south west coast of
Africa that makes the country special. No. It is the tolerance of its people.
After more than a century of colonial rule and racial segregation it is a role model
of cultural assimilation while maintaining multiculturalism. This
interculturalism appreciates the qualities of our various cultures, within a
framework of universal human rights. The intercultural social contract
practised in Namibia expects us to give authority to not only political and
civil rights, but also to give a legal framework for the economic, social and
cultural rights of all our people.
To paraphrase Julius Nyerere, we have to “face the basic
fact that human values can only be measured in regard to individual human
beings. The Government is properly instituted among men not to secure the
material or cultural advantages of a few, but to promote the rights and welfare
of the many.”
Three years ago, on 15 March 2010 (World Consumer Day), the
then Minister of Trade and Industry, Honourable Hage Geingob, promised in a
speech read on his behalf that a Consumer Protection Act will be submitted to
Parliament within one year. Since then Dr. Geingob has moved on to become the
Right Honourable Prime Minister and is poised to become our next President in
2015. With Consumer Day again being celebrated on 15 March this year, there is however
still no sign of the promised Consumer Protection Act (CPA).
This year, the theme of World Consumer Day is “Consumer
Justice Now”. As Namibians we must push for our legislature to put in place a
CPA as soon as possible as good consumer protection is not only about
legislation, but it can also deliver justice, create a fairer society and even
save lives. The United Nations Guidelines for Consumer Protection (UNGCP) act
as an international reference point of the consumer movement and can be
understood to be
·
the right to the satisfaction of basic needs
·
the right to safety
·
the right to be informed
·
the right to choose
·
the right to be heard
·
the right to redress
·
the right to consumer education
·
the right to a healthy environment.
I have made a short list of the main issues I believe should
be included in the Consumer Protection legislation:
- Consumers have the right to cancel a reservation or pre-booking for any goods or services and to cancel any order for any goods or services.
- Consumers may cancel a fixed-term agreement (of any term) at any time.
- Suppliers must provide a quote or estimate prior to working on any goods.
- The rendering of services or the goods required to perform any service must be in a manner and of a quality that persons are generally entitled to expect and be free of any defect.
- The CPA must impose strict liability on producers, importers, distributors or retailers to supply safe goods and imposes strict liability in respect of product failure, defective and hazardous goods.
- A mandatory three-month warranty period must be imposed on service providers who install any new or reconditioned part during repair or maintenance work.
- A consumer is entitled to return unsafe or defective goods, including goods that are not of a good quality.
- A consumer who is the recipient of unsolicited goods or services is not obliged to pay for such goods or services
- Consumer must have the right to cancel a transaction or agreement emanating from Direct Marketing.
- Goods or services must not be promoted in a misleading, fraudulent or deceptive manner.
- The CPA should also create a “Small Claims Court” for matter under N$ 50,000.00.
- Lastly, and most importantly, the legislation should create and support national consumer organisations to promote and provide consumer literacy education.
These are issues that have been talked about with the
Ministry of Trade and Industry officials and various national forums, but no
concrete action has taken place. I hope the Right Honourable Dr Geingob will
hear my plea and keep his promise to get our consumer legislation submitted to
Parliament as soon as possible.
