| Name | Act No | Date Ascented: | Date Gazetted: | Gazett-Nr: | Description | Act - pdf format | ||||||
| Statistics Act | Act-No: 9 of 2011 | 02.08.2011 | 18.08.2011 | 4777 | To provide for the development of the National Statistics System and provide for its components and objectives; to establish the Namibia Statistics Agency and the Board of the Namibia Statistics Agency and provide for their powers and functions; to establish the National Spatial Data Infrastructure and provide for its objectives, to establish the Committee for Spatial Data and provide for its functions; and to provide for incidental matters. | 
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| Employment Service Act | Act-No: 8 of 2011 | 14.07.2011 | 29.07.2011 | 4764 | To provide for the establishment of the National Employment Service; to impose reporting and other obligations on certain employers and institutions; to provide for the licensure and regulation of private employment agencies; and to deal with matters incidental thereto. |
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Act-No: 7 of 2011 |
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14.07.2011 | 4755 | To amend the Income Tax Act, 1981, so as to provide for the registration of a retirement annuity fund under the Pension Funds Act as a further requirement for approval of such fund by the Minister in respect of any year of assessment; and to provide for incidental matters. |
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13.07.2011 | 4753 | 
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31.05.2011 | 
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To amend the Pension Funds Act, 1956, so as to empower the Minister to make regulations prescribing the minimum or maximum amount or both the minimum and maximum amounts which a pension fund may invest in or outside Namibia or in particular assets or in particular kinds or categories of assets whether in Namibia or elsewhere, prescribing a framework for the investment of pension fund assets in unlisted investments, authorizing the registrar to grant conditional exemption from certain provisions, and prescribing administrative penalties for contravention or failure to comply with certain regulations; and to provide for incidental matters. | ( 168 kb) | ||||||
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To appropriate amounts of money to meet the financial requirements of the State during the financial year ending 31 March 2012. |
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Act-No: 3 of 2011 |
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4732 |
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To amend the Long-term Insurance Act, 1998, so as to empower the Minister to make regulations prescribing the minimum or maximum amount or both the minimum and maximum amounts which a registered insurer or reinsurer may invest in or outside Namibia; authorizing the registrar to grant conditional exemption from certain provisions; and to provide for incidental matters. |
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20.04.2011 | 4694 |
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( 273 kb) |
Namibian Laws of 2011
Dyslexic - telling the truth hurts
I start with me. I am Dyslexic
Dyslexia is a very broad term defining a learning disability that impairs a person's fluency or comprehension accuracy in being able to read,[1] and which can manifest itself as a difficulty with phonological awareness, phonological decoding, processing speed, orthographic coding, auditory short-term memory, language skills/verbal comprehension, and/or rapid naming
Dyslexia is a very broad term defining a learning disability that impairs a person's fluency or comprehension accuracy in being able to read,[1] and which can manifest itself as a difficulty with phonological awareness, phonological decoding, processing speed, orthographic coding, auditory short-term memory, language skills/verbal comprehension, and/or rapid naming
Transunion ITC has no legal framework
While doing research, I came across the website of these
submissions by students at UNAM, (http://wwwisis.unam.na/theses).
Among the papers I discovered a paper entitled “Consumer Protection And The
Legality Of Itc. A Compartative Study Between Namibia, South Africa” presented
by N. Boonzaaier (Student Number 200645838) with his supervisor being K.
Kangueehi.
Boonzaaier in his abstract states… “Credit sales are a
common occurrence and originated before the Roman era. As time passed,
especially after the industrial revolution of the 19th century (which made
available consumer goods on a large scale), an increasing number of contracts
of purchase and sale were concluded in terms of which payment of the purchase
price would take place at a later date or over a period of time in the future.
It is an incontestable fact that some ‘purchases on credit’ constitute a risk.
Not only for the credit grantor, but even more so for the consumer.
.
It is common knowledge that the use of consumer credit
enables individuals to enjoy the services of consumer durable goods sooner than
they otherwise and in a period of inflation offers them a real prospect of
acquiring them more cheaply. Consumers in general are able to obtain a more
satisfying ‘basket’ of goods and services with the same income. Thus consumer
credit may be said to enhance consumer satisfaction. Furthermore some
individuals who lack the self-discipline to save up for the purchase of a
durable consumer good but are nevertheless unlikely to break their contract
with a creditor are able to buy a durable consumer good which might otherwise
never be theirs.
He then goes on to explore the rights of consumers, why
consumer protection is needed, and the right to privacy of consumers in
congruency to section 28, Article 13 of the Namibian Constitution and the
provisions of the Bill of rights.
At the end of the paper he makes the following
recommendations “…I concede that currently in Namibia there is no procedure in
place that regulates ITC, this makes it seem like the Transunion has no legal
standing in our law. It has, however, become necessary for Namibia to reform
their consumer legislation and consumer protection laws, and put in place as
the South Africans procedural guidelines to follow in instances of extreme
default where blacklisting would be justified, because if we should declare ITC
illegal, credit grantors would in actual fact have no remedy against a
defaulting consumer, and this would render an imbalance of rights.”
The Ministry of Finance has promised legislation on credit
bureaus and how they manage our data. Until such time, I have to strongly urge
the Minister, Bank of Namibia and Namfisa work out a solution to fix this
problem. Since 1999 a proposal has been made such a credit bureau would
actually fit well into our Cooperatives Act without much being done in
addition. This would make the cooperatives operations governed by a set of
by-laws, as well as ensure ownership by the business that share this
information with each other. Of course, this would also mean that Transunion
would only be allowed to own a maximum of 20% in the cooperative. A rather neat
way of getting Namibian ownership of a strategic resource (personal
information) without using black economic empowerment or other such tools.
In the meantime,
perhaps we can consider some kind of grandfather clause to allow their
operations to continue until a new law is in place.
There is another issue though that I wish to ponder:
In addition to providing credit reports to credit grantors,
they also supply potential employers and some of the high unemployment can be
put squarely on the shoulders of the credit bureau. After all no employer
wishes to employ a person listed on the “blacklist” so many qualified people
are now outside of possible employment. I argue that is, if not
unconstitutional, then against the labour law, as you may not discriminate on
grounds of the person’s economic status.
Shelf Labelling versus Unit Prices
In last month’s Consumer News Namibia Magazine, I wrote about the unit pricing on shelves. This refers to the practice of indicating the prices per unit (kilogramme, litre, single product in bilk packs, etc.) I had a chance to travel around Namibia during the past few weeks I was fortunate to travel around the country taking tourists to places such as Swakopmund, Walvis Bay and Okahandja. While visiting the towns I took the opportunity to visit the most common shopping places. I noticed with some joy that there are a few shops who already label their products for the convenience of the consumer. I must commend Shoprite on having almost all their products labelled with the unit price clearly indicated, while Pick & Pay has around half of their products labelled – it is perhaps just laziness at the IT department to fill in all the fields correctly in their central system as the labels already have place to indicate the unit price? In my cursory examination at OK and Fruit and Veg, I did not find any of the products with unit prices indicated.
This was rather strange as these South African stores have
the regulations and laws in South Africa, but clearly do not yet bother with
our Namibian consumers till they have a law to force them. In addition, the
Namibian chain store, Woermann & Brock, did not have unit pricing and I
hope they consider changing this soon.
After all as a Namibian owned chain store they have moved into South Africa
where I am sure they obey the South African rules.
After reading my article quite a few people contacted me
about shelf pricing they see when they pick up the product and put into their
basket – but find to their horror there is another price in the “computer
systems” and the cashier can do nothing about it.
Whooa – as Al Pacino would say. That is not problem as a
consumer. The store cannot make their problem yours. They are responsible for
correctly pricing the goods on the shelves if they do not wish to price each
product individually.
I had some difficulty finding the applicable laws governing
commercial transactions before Independence – as these laws are still
applicable until repealed by the Parliament in a Namibia Consumer Act. But,
when I search through the training manuals of the Namibian Police’s Commercial
Branch and found the following list (as of the day of Independence) that were
applicable still in Namibia:
·
Merchandise Marks Act, 1941 (Act No. 17 of
1941),
·
Business Names Act, 1960 (Act No. 27 of 1960),
·
Price Control Act, 1964 (Act No.25 of 1964),
·
Sales and Service Matters Act, 1964 (Act No. 25
of 1964),
·
Trade Practices Act, 1976 (Act No. 76 of 1976)
This is a very interesting fact. Thus our police are able to
interfere in consumer versus business matters – also on the side of the
consumer. Next time this happens to you, offer to call the police unless they
offer you the product at the shelf indicated price. Yes, they may even end up
in jail if they do not comply.
I wonder how long before our business community will now
take to also push for the creation of a Consumer Protection Act that clearly
stipulates their responsibilities in the new day and age.
Consumer Day 2013
Many countries around the world commemorate 15 March as the
World Consumer Day. This day has a historic importance as it was on this day
1962, when the Bill for Consumer Rights was moved in the US Congress.
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.
Namibia Consumer Trust, the only registered non-governmental
organization and only Namibian member of Consumers International (CI)
commemorates World Consumer Rights Day. Head of Consumers International Africa
office, Minister of Trade and Industry as well as the Governor of Bank of
Namibia are scheduled speakers.
The event is scheduled to be held at the Habitat Research
& Development Centre, Claudius Kandovazu str, Katutura (next to A Shipena
Sec. School) in Windhoek.
This year, the Namibia Consumer Protection Group (a lobby
group and supporter of consumer activism) is asking people around the country
to buy on 15 March 2013 a litre milk everywhere in Namibia, and then please
post on website the price they paid and the store where they bought it. Perhaps
we can we create awareness why we need a Consumer Protection Law and we can all
see to what in-fluxed prices and irregularities exist in our own land of the
brave. The idea is that every time you buy a litre of milk, you visit the
webpage http://www.namibiamilk.com/
and upload your details.
The page will continue to operate for the next year to allow
us to correlate data on what consumer throughout the country are being charged
for this basic necessity.
Remember its easy, "You can report the price of milk
online. Simply go to www.namibiamilk.com and click on the 'submit a report' button.
Alternatively find us on Facebook by searching for Namibia Milk Price Day".
It is important that consumer in Namibia should start
demanding their rights. The way it is going at present, we are simply made
promises and none of them are being kept.
As an example, 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).
We need Consumer Justice Now!
I Love My Fatherland
When I started writing
this book in 2009, it began as a way of collecting my various commentaries on
diverse subjects within Namibia. As I started putting them together, a theme
started emerging and I remembered back to the first day of Independence in 1990
when I raised the Namibia flag for the first time over our capital Windhoek. I
swore to myself that day: that I would do everything from my side to make this
the best country to live in. This has led me to look at what is the Oath of
Allegiance for Namibia. The only one I have found is the one prescribed for
foreign nationals wishing to become Namibians in the Namibian Citizenship Act.
Thus I have formulated my
own:
I…………, ID Number …….., presently residing ……… in the……… District of the
…… Region, do hereby declare on oath that I will be faithful to the Republic of
Namibia, observe its laws, promote all that which will advance it and oppose
all that may harm it.
So Help Me God.
The singing of the
National Anthem and the above oath has given me a lot of strength each morning
as I prepared this second edition, and I hope I will continue to sing the
anthem in the morning and re-affirm my oath as often as is necessary.
I noted that in this
process I sing to my motherland, but have no mention of fatherland. As a matter
of biology, this is my fathers-land and South Africa is my mothers-land.
This got me thinking: I
should sing to my motherland and work for a better fatherland. It has always
been part of our human culture that a father has been out to work, while the
mother works at home. Perhaps in Namibia, we have become a motherland and our
people have forgotten we have a fatherland and that father expects you to work.
Namibia our Fatherland, we
must have the right to work. Our fathers must be able to provide for their
children. Our children must know that there is an aim for their efforts at
school: It is to get a meaningful work that will contribute to the well-being
of Namibia and all who reside in it.
I want this in our Constitution, and while we are at it, there are a couple more things….
I want this in our Constitution, and while we are at it, there are a couple more things….
Namibians are Miserable
The Namibian - 7 March 2013
What does it mean to be miserable? The dictionary defines
miserable as “causing extreme discomfort or unhappiness for example in a
miserable situation”. This past week
Namibia was ranked as the 7th most Miserable Country in the World.
This rating is based upon the misery index, a crude economic measure created by
Arthur Orkum, that sums up a country's unemployment and inflation rates to
assess conditions on the ground (the higher the number, the more miserable a
country is). The reasoning: most citizens understand the pain of a high jobless
rate and the soaring price of goods.
Our Misery index score is 57, based upon our Consumer Price
Inflation (CPI) of 5.8% per year and our unemployment rate of 51.2%. The
findings further state that Namibia is “heavily dependent of the its mineral
resources, Namibia exports a lot of diamonds, uranium, and gold. However, the
mining sector employs only 3 per cent of the country's labour force. Since
there isn't much else going on, almost half of Namibia's workers are without
jobs. Income inequality is absurd here—even though the country boasts a high
GDP per capita, Namibia has the highest GINI coefficients: 70.7%.”
When I first saw this article my national pride immediately
made me rubbish the story. My reaction was, “how can westerners call us
miserable?”. I also prepared all the arguments about statistics being flawed
etc., before calming myself down.
I then resorted to understanding what the author was
writing. Yes, it’s true that our consumer prices are increasing above our
salary increases and yes, our unemployment is reaching alarming rates. This
means to me that if I am working, I am able to afford less and less each year,
and I must support my extended family who are not finding employment. A miserable situation indeed.
This must be a wake-up call to Namibia. Whenever we lose
rankings in competitiveness or business confidence, the NCCI and business
person are quick to point out that they are finding it harder to make a profit
and government must be careful. However, when the Misery Index is discussed,
nobody discusses the issues creating our ranking, but rather point fingers at
the way the index was created.
This index has focussed on where our misery stems from
namely employment problems (too few jobs paying too little) and our consumer
prices that are going higher and higher.
Please note, I wrote Namibians are Miserable – not “Namibia
is a miserable place to stay”.
BTW: The Gini coefficient is a number between 0 and 1, where
0 corresponds with perfect equality (where everyone has the same income) and 1
corresponds with perfect inequality (where one person has all the income—and
everyone else has zero income). Here Namibia tops the list at number 1 (in the
world) with a GINI coefficient of 70.7 . We top the list of income inequality
and that is a fact we cannot argue against.
***
A few weeks ago I wrote about price labelling and the need
to have prices shown on the shelf that are measured in understandable units
such as litres and kilograms. During the past week I was fortunate to travel
around the country taking tourists to places such as Swakopmund, Walvis Bay and
Okahandja. While visiting the towns I took the opportunity to visit the most
common shopping places. I noticed with some joy that there are a few shops who
already label their products for the convenience of the consumer. I must
commend Shoprite on having almost all their products labelled with the unit
price clearly indicated, while Pick & Pay has around half of their products
labelled – it is perhaps just laziness at the IT department to fill in all the
fields correctly in their central system as the labels already have place to
indicate the unit price?
***
When I receive exceptional service I must share it with you
the reader. Last week I had to purchase baby milk formula no. 2 and there was
none available in Usakos or Karibib. When I inquired at the OK in Karibib, the
owner came to assist me. Upon finding there was none of the no. 2, he offered
that I take the no. 3 formula and return it (even if we used a little bit over
the weekend) for the right formula on Monday when the order was to be
delivered. Thank you. I appreciate your efforts.
Hage Geingob must keep his promises
The Namibian - 28 Feb 2013
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.
Understanding Banking
First printed in Consumer News Namibia magazine - Feb 2013 edition
Let me start by repeating the words of a friend who is a
banker in Windhoek, “banking is the profession with one of the best marketing
departments around. Imagine trying to convince the first customer that their
money was safer with the bank than in their own hands, and best of all, which
the customer would need to pay fees to deposit and withdraw their own money.”
Even now during the financial crises throughout the world
banks are still succeeding in motivating clients to give them their money.
Today, most of us feel safe with our money in banks because “we are many and
government will not let it fail”. The term “moral hazard” is used to explain
why we take these risks.
All over the world people often complain about banks. This
ranges from bank fees, interest charged, to repossession of vehicles and homes.
In Namibia this is no different. The late Hon. Reinhard
(Kalla) Gertze, Member of Parliament, proposed an investigation into the
financial institutions through public hearings of the Parliamentary Committee
on Economics, Natural Resources and Public Administration. They held public
hearings on bank charges and regulations in 2006 in Windhoek. One of the
submissions outlined why interest is charged.
Why is interest
charged?
In the beginning of banking, interest was used to offset the
risk of providing the credit to the borrower. There are four risks (hazards):
- The
costs incurred by the bank while providing the loan had to be repaid;
- Inflation
means the lender will be able to buy less for the money as time passes;
- Scarcity
– in other words once it is lent to a borrower at a specific rate, it
cannot be used for another loan;
- That
the borrower cannot pay back the loan
Of these four, the only real difference the government can
make is in reducing the risk of borrower’s inability to repay.
Being a client of a bank
Banks and their branch network is a convenience. We can put
our own money into an account, send money to someone else, and apply for a
loan. As consumers, we realise that we need the services of a bank to increase
our money. In other words, we need someone else’s money to pay for things like
a car or a house, or even start a business.
But there is probably nothing as frustrating waiting in a
queue at a bank “waiting for own money”, or dealing with an employee who is
rude to us when we need to ask a question. If you are a client of a bank you
have five basic rights, as well as five responsibilities. These should be seen as an agreement between
the banks and the Namibian consumer on how we treat one another.
1.
You have the right to be treated with respect and
dignity.
This means every employee of the bank should treat you with
dignity and be respectful of your cultural and gender. This also means they may
not be abusive when collecting overdue monies.
2.
You have the right to decide which services or products
you want to use.
You need enough information on the banks products to be able
to choose the right one for your needs. This means the bank employee may not
pressure you into a choosing a product you do not want.
3.
You have the right to receive clear, truthful and
complete information – as well as the time needed to make your decision
The bank must give complete information and answers to all
your questions so you can fully understand the terms and conditions of the
services and products you choose. The staff member serving you must give enough
of their time to ensure you understand the relevant information about the product.
This should include information such as total cost of borrowing, cost of
transactions, penalty fees (if any), and possible alternatives that might
benefit you.
4.
You have the right to be heard
You are allowed to complain. When a service does not meet
your needs, or any of your rights have been violated, you have the right to
inform the bank immediately. The bank should have a customer hotline that will
allow you to provide them with feedback – and they will benefit from being able
to deal with the problem as early as possible.
5.
You have the right to privacy
Your personal information must be kept confidential between
you and the bank employees dealing with your account. No one is allowed to
disclose your personal information without your permission.
Have some manners, please
The Namibian 21 Feb 2013
Last year I dislocated my knee while visiting in Windhoek.
It happened while I was crossing the street on a Monday afternoon. This was an
old sport injury from my days of ice-skating, rollerblading and probably
further irritated by my recent bungee jumping. Thus it is something that I can
only blame on my carefree younger days without heeding the safety advice of my
elders.
A friend was with me at the time and called the emergency
number of the cellular network and we were quickly and efficiently helped to
get in contact with the hospital services. Within half an hour the ambulance
was there and I was transported to the Katutura State Hospital. Having heard so
many scare stories about the cleanliness - and lack of service – I was rather
worried about actually getting sick at the hospital.
However, I must loudly declare my fears were largely
unfounded. Of course the hygiene in the emergency room was rather scary –
especially for those of us who never land in such situations – but the service
was exceptional. I was helped within a reasonable period of time and was given
very good service by the doctor on duty. The trip to the Windhoek Hospital for
the X-rays was a little bit crowded, but nevertheless I received the necessary
treatment and examination.
The operation was the next day (as it was surgery day) and
all went well. I stayed for two weeks and received good, healthy meals and pain
medication almost every time I asked. The nurses were friendly and attentive
and I never felt neglected though I stayed in a public ward that had extra beds
in the corridor area.
When I was discharged, I received an account of only N$
30.00. Wow. Reasonable service, good price.
I must add to the story that my step mother was a Staff
Sister for many years at the hospital, and, on the last day of my stay, Andimba
ya Toivo visited my hospital bed. This however was not known upon my arrival or
during the initial part of my stay.
As a consumer we often complain about good service but
rarely compliment the good service when we get it. From the time of the
operation, the nurses made it a habit to stop at my bed and ask about my
recovery. When I left and thanked them for the good service and for being
patient with me – after all I am just as much a baby as any man when he is
sick.
The nurses then told me something that made me think. They
said it was a pleasure to have a patient like me. They had been overwhelmed
that from the first day I had greeted them every morning and every night and
gotten to learn their names. In addition, I had assisted one or two of them
with personal problems (housing applications) and even helped one of the
Sisters with her homework.
The nurses told me that when they found out my step-mother
had been a nurse it had no additional effect in how they treated me. They had
come to enjoy being told “please” when I wanted something and “thank you” every
time they gave me something or even when they just made my bed. They also noticed
how I had made friends with all my ward colleagues and shared my drinks and
presents with those who were far from home. As one nurse told me, “It is a
pleasure to help someone who appreciates what you do for them.”
It is their work to help us, but do we really appreciate the
long years of study and patience it takes to deal with all our impatience and
the stress we take out on them because they are “beneath us”?
All it takes is a little bit of good manners from each of us
to make this a better place to live in. Next time someone gives you something,
remember to say thank you. It is a habit that can only make your life better
too.
BTW – that is the story how I lost my front teeth while fallinand why I
now look like a Cape Coloured. LOL.
Show me the money
The Namibian 14 Feb 2013
Millions of dollars are laying unclaimed with banks, pension
funds and insurance companies. I have been informed that these companies
believe it is the responsibility of the deceased to have informed the relatives
of the policy of other benefit that the relatives are to receive. In turn, they
insist, it is the responsibility of the beneficiary to claim their monies.
Nonsense, I say! The company has been entrusted with a duty which must be kept.
In last week’s column I discussed the opportunities to be
had by entrepreneurs in the assistance of customers. Many people are not aware
of their rights and thus lose out on possible savings on products and services.
An even further disturbing business practice is the non-payment of death
benefits. After all, (a business might argue), the person has passed away and
would not be aware if their loved ones had received the money they had worked
so hard to put aside. Each and every person in Namibia has the right to find
out if they have been left an inheritance, whether it is property, money or
even a prized possession. Most of us presume that such matters will be taken
care of after our deaths – but very few actually make sure there is enough
information about our financial dealings so that our relatives or executors can
make these divisions according to our wishes.
A typical example came to light recently when a friend of
mine had a death in the family. The deceased was a pensioner and had received
their pension money less than a week before the passing. My friend was given
the responsibility of managing the financial costs of the funeral and decided
to use the account of the deceased to finalise matters. Now, unfortunately, one
of the other relatives had access to the bank card and had withdrawn the last
monies left from the pension – and even left a negative balance. Upon enquiry,
my friend was requested to provide a death certificate and proof of being the
executor before he could access the particulars of when and where the money was
withdrawn. The “missing” money was less than N$ 300.00 and my friend wondered
if it really was worth the effort. Nonetheless, he provided the paperwork to
the bank and was given the bank statement.
And this is where we come to an interesting discovery. One
of the bank employees asked my friend why he had not requested for the death
benefit of the account to be paid out. The employee explained that all bank
accounts carried life insurance - and they charged it as part of bank fees on
the account. Upon enquiry it turns out that all accounts with the bank had an
automatic death benefit of N$ 2,500.00. When I heard the story I was amazed, as
I am not even sure if my bank provides the same service. Or whether I am paying
for this service and am not aware of it?
This brings another business opportunity to light.
“Inheritance Tracing”. Not many of us have the financial knowledge, or even the
time to check whether there is money not being paid out which rightfully
belongs to us. Thus an inheritance tracing agent can assist consumers with
checking with all financial institutions such as banks, insurance companies,
etc as well as with the appropriate authorities (for example the Master of the
High Court). In addition to tracing, there is also an opportunity to provide
consumer education on matters pertaining to their last wishes. We might not
like to think about our deaths, but we must do our utmost to ensure we do not
bring more misery to our relatives through our passing.
If you have a bank account, funeral policy, shares or other
financial instruments, make sure they are all listed with a person who you can
trust. This can either be a financial advisor (insurance broker, etc.) or speak
to your bank about their services in case of your death.
Legal Insurance for Namibians
First printed in Consumer News Namibia magazine - Feb 2013 edition
The cost of taking legal action can be prohibitive. Could
you afford to claim compensation if you were injured in an accident, unfairly
dismissed from work or had a dispute with a business?
A friend of mine has had legal insurance for the past three
years and believed he was covered. About a month ago, he was accused of being
involved in a theft syndicate at his work. He immediately called his legal
insurance company, but was informed they do not cover criminal cases. He was
taken for a polygraph test (is that even legal in Namibia?), and informed that
he had failed the test. This led to him leaving the job that morning to go
speak to his legal insurer.
An guess what the legal insurance company tells him? They
inform him they do not cover the expenses for a labour case either.
WHAT is it with insurance companies that do not want to pay
claims? If you complain at NAMFISA they can do very little to help.
If I am going to buy legal insurance I expect:
Bail Assistance
•
Bail negotiations and applications on members’ behalf
•
Depositing of the bail amount/issuing of bail guarantee
on behalf of arrested member
In other words, I must know that if I a accused of a crime
that I have instant legal assistance when I am arrested and the legal
representative shall do everything in their power to have me released on bail.
In addition, my legal insurance will cover a ceratin amount – for example bail
up to N$10,000.
Civil Law
•
Bank and insurance matters
•
Blacklisting
•
Building and construction matters
•
Contractual disputes
•
Debt collection
•
Letters of demand
•
Litigation
•
Personal injury claims, etc
I I should find myself in a case where I am accused of wrong
doing by an individual (civil meaning between two parties), I hope my insurance
company will cover all the types of cases, as well as assist when I wish to
take another person or company to court in a civil case.
Criminal Law
•
Fraud, theft, robbery or assault
•
Arrests
•
Bail applications
•
Consumer issues
•
Driving under the influence
•
Reckless driving
•
Search warrants, etc.
This area is where most legal insurance companies are doing
proper cover. This is of course the area that scares most citizens. But, in all
probability, this is the area which legal insurance companies know are used the
least – but do wonders for advertising.
Family Law
•
Ante-nuptial contracts
•
Custody disputes
•
Divorces
•
Family violence matters
•
Interdicts
•
Maintenance disputes, etc.
Being able to handle family affairs privately and
confidentially is very important for every consumer. This area of law also
calls for the ability to settle disputes within the family about legal matters.
Labour Law
•
Dismissals
•
Disciplinary proceedings
•
Pension payout disputes
•
Restraint of trade agreements
•
Retrenchments
•
Unpaid wages
•
Working condition
In the employment arena we are often caught out either not
knowing our rights, or thinking that we actually do when we don’t. Our legal
insurance should allow us to get quick assistance, especially in cases where we
need advice before following any course of action that could be detrimental in
the long run.
Surely this is not too much to ask from your legal insurance
company?
Money to be made in helping consumers
The Namibian 5 Feb 2013
Shortly before Namibia gained its Independence, I was
arrested along with around thirty students for a “public gathering without a
permit”. We were protesting the establishment of army bases near schools as
this was endangering the safety of especially the female learners. Upon our
arrest I laughed at one of the police officers and he told me, “Lag vir jou gat
en bid vir jou siel” (Laugh at your ass
and pray for your soul).
Now you might be wondering what this has to do with consumer
affairs. This past week I was enquiring about a consumer complaint regarding a
second-hand car purchase. The company representative told me the car was sold
“voetstoots” and the buyer should beware. I told the representative that soon
we would have a law in place to prevent companies from this kind of business
practice. He laughed in my face and told me I will wait a long time before the
consumers would take up their rights in this country. I then felt like telling
him exactly what that old apartheid era police officer had told me.
Unfortunately, the specific consumer has no recourse under
the present law and is stuck with vehicle that is not roadworthy, and even
worse, a lease agreement with the bank on this vehicle. However I could advise
the consumer (and you the reader) when you purchase a second-hand vehicle you
should first ask consumer assistance organisations like the Automobile
Association (AA) for assistance. These organisations can assist you in getting
a roadworthy test before you purchase your vehicle. The roadworthy test is
basic - it involves checking that all major safety features of the vehicle are
in working order. These features include the safety belts, brakes, steering,
exhaust system, transmission, mirrors and the electrical system. The test also
involves checking the vehicle’s documentation and serial numbers – this is to
make certain you are not unwittingly purchasing a stolen car.
I was rather disappointed when speaking to the AA that they
no longer provide this service themselves, but would be able to provide a
referral to a trusted partner in the consumer place of residence throughout the
country. And this led me to my brainwave. How many business opportunities are
there for companies who can help consumer when they purchase a product,
especially like a house or a car. Already, I had identified an opportunity for
a potential entrepreneur to provide roadworthiness test and enable them to link
with the AA, but what other opportunities might arise.
The idea I wish to share with you is a “house-worthiness”
doctor. Many buyers (especially first-time buyers), are so impressed by the
house and the fact they got approved for the loan, they do not enquire too
deeply on the repairs and maintenance the house might require. As most buyers
use their maximum amount they qualify for in payment, they are not able apply
for a second mortgage to do these repairs to their property. Many buyers are
also fooled into the thinking that the building compliance certificate is
sufficient. It is not, The compliance certificate only applies to the building
plan, municipal services and certain building codes, and not necessarily to
checking the working condition of pipes or even (as I found out to my own
detriment) the age of the electrical wiring in the house.
A person with experience in the building industry (perhaps
even a retired person) should consider developing such a training institute. We
have many artisanal workers who are looking for employment; maybe we can do
something about this by providing training in checking the worthiness of the
house for the consumer in the country.
By the way, I did have the last laugh on that police
officer. We students were released and within six months we won the court case
in Bloemfontein for wrongful arrest. And like all good stories go, this one ended
happily – I used the money from the wrongful arrest to buy an engagement ring.
But that’s another story.
The downside of Credit
First printed in Consumer News Namibia magazine - Feb 2013 edition
"Credit buying is
much like being drunk. The buzz happens immediately and gives you a lift....
The hangover comes the day after." Joyce Brothers
Many consumers struggle to repay their debts. I have heard
percentages as high as 70% of income is being used to repay debts. Many young
people are ending up financing their lifestyle (which they cannot afford)
through credit. Many consumers need help with restructuring their debts. The
Namibian Financial Supervisory Authority (NAMFISA) is proposing a Financial
Institutions Bill that will provide for debt counselling as part of the
assistance to consumers.
Before discussing the new debt counselling I would like to
add that there are other factors at work besides the servicing of debt; they include
income volatility, legalised gambling, bigger medical bills and a cultural shift that has de-stigmatised
bankruptcy and bad debts.
So what is the difference between the present administration
order and the new debt counselling?
The idea behind Debt Counselling is to help clients reduce
their overall debt with creditors in the most cost effective way. An
Administration order can take a large part of your disposable income to offset
the relatively high cost.
Debt Counsellors are proposed by the Financial Institutions
Bill in order to specifically deal with people in trouble with their finances.
These debt counsellors will have the support of and have to be approved by the
Government. An administration order is presently used with the view to resolve an
individual's over indebtedness. However this method can be very costly and with
various limitations.
Unlike under an administration order, 95% of your monthly
payment will go to your creditors under a debt counselling plan. A debt
counselling plan will manage all your payments to creditors from a central
distribution agency on a monthly basis on your behalf.
Under administration, distribution by Lawyers is only done
once every three months after all their costs have been deducted (In some cases
it can take longer than a year before your creditors' receive any form of
payment).
Remember, that once a debt counsellor has accepted your
application, they will inform all your creditors that you have applied for debt
counselling. You will not be able to access any further credit until your debts
have been repaid. You will even have to cut up your credit and store cards such
as Edgars, Markhams, etc.
At present, there are no accredited debt counsellors in
Namibia. This is a new occupation and training will have to take place to
ensure the consumer gets the full benefit of this new law.
Training of Debt
Counsellors
The new Act could become law within the next two years. Once
enacted, there will have to be a process of training Debt Counsellors to assist
consumers.
If we follow the proposed Bill (as it is copied from the Act
in RSA) to become a debt counsellor, Namibians have to be over the age of 23
and have a minimum of two years experience in accounting, finance, legal,
para-legal or credit fields. Aspiring
debt counsellors will also have to have a clean credit record - have no
debt-related judgments against them at the time of applying and not be under
administration.
A debt counselling course over five days covers general
outcomes such as listening and communication skills, interviewing skills, as
well as budgeting and personal financial management know-how. It also requires specific outcomes regarding
the debt counselling process as stipulated in the proposed Bill - from filling
in an application for counselling to obtaining a clearance certificate.
Housing in Namibia
First printed in Consumer News Namibia magazine - Jan 2013 edition
All Namibians have the right to an adequate standard of
living, including the right to food, clothing, and housing. It is the
responsibility of the politicians to ensure the legal and policy framework is
in place, while it is the duty of the civil servants and employees of
State-Owned Enterprises (SOE) to implement these in practical terms.
Unfortunately, this has not materialised in the form of housing for all. According
to estimates, the Namibian housing shortage stands at over 300 000 units.
Almost 280 000 of these houses are needed for the households earning N$
5,000 a month or less.
In 2011, the Minister of Regional, Local Government, Housing
and Rural Development, Honourable Jerry Ekandjo stated at the 13th Annual
Symposium of the Bank of Namibia, “I would like to emphasise that the limited
access to housing in Namibia is of great concern to us all. It is worrying that
there is a backlog of about 300,000 houses and that 70 per cent of the
population cannot access decent residential properties mainly due to issues of
availability and affordability. This alarming situation calls for radical
policy measures to restore the housing market.”
Existing Government Programmes
National Housing Enterprise (NHE)
The government created the NHE in 1993 with the objective of
“.. financing of housing for inhabitants of Namibia and generally providing for
the housing needs of such inhabitants”. In Vision 2030 it is expected that NHE
should deliver 7 937 units though no deadline is given. This compares to figures
supplied in the Institute of Public Policy Research (IPPR) housing report of
2011 that NHE has only been able to build an average of 253 houses per year
since 2003.
Build Together
The Build Together Programme involves:
·
low-income households with incomes that do not
exceed N$1250.00 per month
·
low-income households in squatter areas
·
low-middle income households without credit
access
The programme was established to cover both rural and urban
areas with a target of reaching an average of 1300 families per year.
Targeted Intervention Programme for Employment and Economic Growth
(Tipeeg)
In addition to NHE and Build Together Programme, the
government through Tipeeg, had as its aim to build 1 507 low-cost houses per year
from 2011 until 2014. There are no results on how many of these units have been
built to date.
The aim of delivering housing to all Namibians is not being
met and we need to hold the management of the National Housing Enterprise (NHE)
and Build Together Programme accountable.
New Developments
Not all is gloom and doom though. In September 2012, NHE
announced it will establish two new components, one to service land and the
second to build the houses rather than issuing tenders to companies to build
the houses.
Further to this development, NHE and financial institution FNB
Namibia, signed a partnership agreement in November 2012 to provide affordable homes
and financing to support low-income earners to acquire housing. They will also
assist customers in leveraging these assets to create wealth for themselves –
or putting it plainly, using their homes for collateral to acquire credit.
As consumers we have to continue to fight for the
recognition of our rights and get the knowledge about where we can access these
rights. At Independence, the political and social rights were guaranteed
through the Constitution. The fight for recognition of our economic, social and
cultural (ESC) rights must continue until each and every Namibian has an
adequate standard of living – including the assistance to own their own house.
New Year’s Resolutions to help Namibian Consumers
First printed in Consumer News Namibia magazine - Jan 2013 edition
At the beginning of every year it is common practice to make
New Year’s resolutions. This is a commitment you make to one or more personal
goals or objectives, or changing of a bad habit. When a person makes a New
Year’s resolution they generally plan to do so for the whole of the year. It is
generally accepted that these resolutions will make your life better if you
follow them.
Consumer News Magazine offers the following ten resolutions
to help you avoid becoming the victim of scams, prevent identity theft and save
money in 2013.
1. 1.
Do your research. When making large purchases
such as furniture, a car or a house, do some investigation on what various
retailers and banks have to offer. It is also a good idea to get quotations
from various businesses to be able to compare prices. When buying on credit you
should shop around for the cheapest interest rate and beware of hidden costs
such as insurance on furniture that you might already have covered under another
policy.
2.
Keep your computer and mobile phone safe. Many
Namibians are now using online banking as well as the mobile banking offers and
should thus take extra care of these items. It is also important to keep your
pin codes and account details in a safe place and not together with your phone
or computer.
3.
Protect your identity. Tear up documents that
might contain sensitive financial information and store all your personal
documents such as Identity Document, Passport, Drivers Licence, etc. in a safe
place. In addition, check your bank account regularly for payments you might
not be aware of.
4.
Get everything in writing. Make sure that when
you get a service from a company they put their offer in writing. This will
prevent misunderstandings, and protect you if something should go wrong in the
transaction.
5.
Don’t share everything on Facebook or Twitter
(or other social media). A future employer or possible soul mate can see
information you might prefer hidden. Do not post compromising photos, and check
that others cannot tag you in photos either. Keep in mind too that the thieves
can also use information about when you are on holiday to pay your house an
unwelcome visit.
6.
Never send money to someone you do not know.
Many scams want you to send them money before you receive your prize or whatever
they are offering and one sent, you will not be able to get it back very
easily.
7.
Beware of job offers that will let you make
“easy money”. Unemployment in Namibia is high and crooks are now targeting the
unemployed with job offers, work-at-home schemes or other business
opportunities that promises big money for very little work and no experience
required. If it is too good to be true, it probably is.
8.
Use a savings account. When you leave money in
your savings account, you get interest on this amount. This is not always the
case with cheque and credit card accounts.
9.
Budget, budget, budget. Every month you should
prepare a budget to show your income, expected expenses and your savings. You
must make an effort to follow this budget and you will be surprised how much
you save when having a clear understanding of where your money is going.
10. Nothing
is free (except Consumer News Magazine). Beware of cash back or other free
offers that encourage you to buy. There is always a price to pay, and you
normally find out only later.
If you can stick to your
resolutions you will be a much happier, wealthier consumer in 2013.
Implementing ICT policy for the benefit of Namibian consumer
First printed in Consumer News Namibia magazine - Jan 2013 edition
Looking forward
ICT and Human rights
As the world is changing with new technologies, Namibians
are also finding these impacting on their lives. Twenty years ago there were
less than 75,000 telephones and today we have more cellular phones than people.
Thus it has become important to understand ICT policy and how it should be
providing benefits to our citizens.
First, I wish to address our understanding of ICT and how we
can integrate it into our governance systems and also our daily lives. I have
struggled to find a term for this and the best I could find was “Progress
through Technology”, or in German,
“Vorsprung Durch Technik”. I prefer to use the German expression because in
German the word “Technik” not only means technology, but also the technique of
studying and mastering the skills of something.
Thus my belief that Namibia needs to relook at their ICT
Policy and include the mastering of ICT tools as part of their focus. These
tools include the following:
- Social media revolution of sites such as Facebook, Twitter, Youtube, etc.
- Mobile telephony (not only smartphones but also older technologies such as USSD)
- Touch screen and tablets (in getting information to their constituents).
It is my opinion is that discrimination in the world in 2012
and beyond, is not based only on race, culture, gender, or geographical
location, but more importantly in access to services and technology. Our
country’s leaders must address this through ICT policies that are forward
looking, and easily adaptable to changes in technology.
ICT and Human rights
Africa can use the latest technology to the benefit of all
its residents. The attitude to education which is presently geared to becoming
an industrial country, must be changed to a system where knowing where the
information is available is more important than having the information in your
head. This means moving from our present agricultural society to a
knowledge-base society within the next decade.
Human rights are to be understood as something we are
entitled to because we are a human being. With the advent of the Internet and
more and more powerful ICT tools, some of the citizens of the world are being
left behind. While the information on the Web might be available to anyone,
availability of infrastructure to access the Internet in lacking in many
developing countries. Two issues are thus defined in ICT policy,
- · access to the information, and
- · being given the education to use ICT.
Thus, just as the provision of water or housing, access to
information and communication technologies must be provided by the government
to its residents – in the same manner they provide libraries in the
communities.
As for teaching ICT usage, in the Declaration of Human
Rights, Article 26 it states:
(1) Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages. Elementary education
shall be compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to all on
the basis of merit.
(2) Education shall be directed to the full development of
the human personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and friendship
among all nations, racial or religious groups, and shall further the activities
of the United Nations for the maintenance of peace.
In earlier times we referred to the three R’s being reading,
writing and arithmetic. Today, using the computer as a e-reader, blog writer,
movie uploader or collaborative social movement, has become just as important
to learn at the primary education level.
The Namibian ICT policies should strive to…
“Develop the tools and systems to assist the management of
our countries (government, civil society and private sector) in providing
access to services and technologies to allow maximum quality of life to all who
live here.”
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