Quote of the week
"Blessed are the young for they shall inherit the national debt." - Herbert Hoover
Topics this week:
- World Consumer Rights Day - 15 March 2018
- Appointment of Consumer Representative to NSI
- Consumer Protection Act
- Housing & Estate Agents
- Number Portability - change your provider not your number
- CRAN Protects Consumers from Being Charged High Collection Fees for Outstanding Debts (by MTC)
- Message from NCPG Director
The global consumer movement will once again unite for a day of action on 15 March 2018. The international theme for World Consumer Rights Day (WCRD) is ‘Making digital marketplaces fairer’. Building on the success of the 2017 #BetterDigitalWorld campaign, the 2018 campaign will aim to promote digital marketplaces that are more accessible, safer and fairer for consumers across the globe.
E-commerce, or buying products and services online, has transformed the way we consume. Consumers with a connected device and a payment method can buy anything from music to take-away; book transport and accommodation; or buy tickets to events. This new way to trade has opened up a vast array of choice for consumers and enhanced convenience on a scale never seen before.
However, along with benefits, e-commerce raises key issues for consumers such as: access to fair and secure markets, being sure there is redress when things go wrong, and being exposed to scams and fraud. Because of this, the consumer movement must work to ensure that digital marketplaces are fairer for everyone.
Consumer Activism in Namibia
The Namibia Consumer Protection Group was founded in 2009 to unify and mobilize consumers through the identification of visible and clear targets in the community, and propose specific changes for the benefit of the consumers.This year, in addition to supporting the theme of “Making digital marketplaces fairer”, the NCPG also provides feedback on the success and disappointments in the Namibian consumer environment.
Appointment of Consumer Representative to NSI
The Ministry of Industrialization, Trade and SME Development has appointed the Director of NCPG, Mr Milton Louw to the Namibia Standards Council, the governing council of the Namibia Standards Institute. Through this representation, consumers participate in improving quality, industrial efficiency, productivity and promotion of trade to derive optimum benefits for Namibia and its consumers.Consumer Protection Act
The delay in the submission of the Consumer Protection Bill to Parliament is very disappointing. The various stages and drafts that have been part of the process have been coming along since before 2010, when H.E. Dr. Hage Geingob (then Minister of Trade & Industry) promised in a speech read on his behalf that the Consumer Protection Act will be submitted to Parliament within one year. The NCPG hopes that in this “year of reckoning”, the newly appointed Ministry of Industrialization, Trade and SME Development, Hon. Tjekero Tweya, will ensure that his staff brings this promise to reality.Housing and Estate Agents
Within this Ministry, it must be noted with disappointment also at the state of the Namibian Estate Agents Board (NEAB) which is without a Board for a lengthy period of time. They are the official regulating authority and every estate agent must be registered with it. The primary function of the Board is to protect the public interest (consumers) in their dealings with agents while maintaining and promoting the integrity of estate agents. Obviously, without a Board in place, consumers are not getting the protection they deserve under the law.Number Portability - change your provider not your number
The Communications Regulation Authority of Namibia (CRAN) has once again brought hope that the issue of Number Portability will be addressed within the next 12 months. According to the Communications Act (Act No. 8 of 2009) “number portability” means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability or convenience when switching from one carrier to another. Further according to Section 81 (3) “The numbering plan must require mobile number portability by all technology and service neutral licensees within two years from the date of commencement of this Act.”The Media Statement on National Numbering Plan and Number Portability released on 22 February 2018 states: “The implementation of number portability will commence within 12 months from the final publication of the proposed regulations.”
The NCPG hopes that the process, which is 7 years overdue, is eventually implemented and “provides for an array of benefits such as to allow consumers with the right to retain their telephone numbers (fixed and mobile) when changing service providers, support economic growth, encourage participation in the communications sector and most importantly, ensure fair competition” as stated by the CEO, Mr. Festus K. Mbandeka in the statement.
CRAN Protects Consumers from Being Charged High Collection Fees for Outstanding Debts (by MTC)
CRAN must be applauded for the decision on a consumer complaint about the 18% collection commission that Mobile Telecommunications Limited (“MTC”) charges on outstanding debts. (The complaint was received in 2013.)The following is taken directly from the Media Statement published on 16 February 2018:
MTC’s Subscriber Agreement states that if the subscriber breaches the contract, MTC shall be entitled to recover all legal and other costs which shall include 18% collection commission that may be legally recovered from the subscriber by MTC.
The Authority concluded and resolved as follows:
- MTC may not charge consumers a collection commission of 18% on any debts emanating from service level agreements for the provision of telecommunication services;
- All debts arising from subscriber agreements between consumers and MTC are to be charged a collection commission of 10% only in line with the Magistrate’s Court Rule; and
- The Magistrate Court Rules are aimed at ensuring that tariffs that have a bearing on collection of debts are reasonable, fair and equitable. The charges by the debt collectors are not exempt from the Magistrate Court Rules.
Aggrieved and affected consumers are encouraged to manage their cases directly with MTC. If such consumers feel their cases have not been addressed within 14 days from the date in which it was formally reported to MTC, then they should follow CRAN’s consumer complaint procedures.
This means that all consumers who have been charged the amount of 18% on outstanding debts can now insist on being refunded these fees.
We applaud the decision by CRAN and hope that MTC will put in place a method that will return these unfairly charged fees – and the interest they (MTC) might have received on these monies.
Conclusion
The Namibia Consumer Protection Group (NCPG) has grown to 1,481 members as of 08 March 2018. The group started in 2009 and we have been able to ensure consumers issues are raised and shared amongst the people of Namibia. We will continue to be a Namibian organisation that campaigns for customer rights and focuses on illegal and unethical behaviour by Namibian companies.
To join the Namibia Consumer Protection Group please visit our community page on Facebook.
https:/www.facebook.com/groups/namibiaconsumer/
Yours in consumer rights
Milton LOUW
Volunteer Executive Director
