Namibians do not get value for money when using data

The World Economic Forum (WEF) is an independent international organisation committed to improving the state of the world by engaging business, political, academic and other leaders of society to shape global, regional and industry agendas. The WEF released its “Global Information Technology Report 2013” in April and here are some highlights, as well as specific information regarding the cost of technology in Namibia.

Finland has toppled Sweden from the top spot in a ranking of economies that are best placed to benefit from new information and communication technologies (ICTs). Singapore came in second and Sweden third in the 2013 Networked Readiness Index.

The Networked Readiness Index, calculated by the WEF, and INSEAD (an acronym for the French "Institut Européen d'Administration des Affaires" or European Institute of Business Administration), ranks 144 economies based on their capacity to exploit the opportunities offered by the digital age. This capacity is determined by the quality of the regulatory, business and innovation environments, the degree of preparedness, the actual usage of ICTs, as well as the societal and economic impacts of ICTs. The assessment is based on a broad range of indicators from Internet access and adult literacy to mobile phone subscriptions and the availability of venture capital. In addition, indicators such as patent applications and e-government services gauge the social and economic impact of digitization.

Namibia is ranked 111 out of 144 countries in the survey.

Further interesting facts highlighted in the WEF report include the following rankings (out of 144 countries)

Namibia Country Ranking	Ranking out of 144	Score
Networked Readiness Index 2012 (out of 142)	105	3.3
A. Environment subindex	58	4
1st pillar: Political and regulatory environment	37	4.4
2nd pillar: Business and innovation environment	112	3.7
B. Readiness subindex	115	3.3
3rd pillar: Infrastructure and digital content	102	3
4th pillar: Affordability	117	3.1
5th pillar: Skills	111	3.7
C. Usage subindex	101	3.1
6th pillar: Individual usage	99	2.5
7th pillar: Business usage	76	3.4
8th pillar: Government usage	116	3.4
D. Impact subindex	122	2.7
9th pillar: Economic impacts	117	2.7
10th pillar: Social impacts	121	2.8

There is a ranking in the report where Namibia is Number 1 - that is in “Mobile Network Coverage”. Thus we can be proud in having the highest coverage of our population (as small as it is) with mobile cellular services.

A new report from Research ICT Africa (RIA) provides another view of Namibia’s e-readiness.

In a table from the RIA report, a comparison is made between costs of ADSL (fixed line) and mobile costs to use the Internet and other data services. Namibia ranks very favourably in the cost of fixed line data access at USD 40.32 per month but it is shocking to see that our data access via mobile is over USD 100 or N$ 990 per month.

This cost comparison is very relevant as most Namibian consumer are using their cellular telephones to use the internet rather than fixed “home” lines. Thus the poorer sections of the population will pay up to 2.5 times higher for data access via the most available medium, namely cellular.

The Communications Regulatory Authority of Namibia (CRAN) needs to be proactive on engaging the service providers (all of whom belong to the state-owned Namibia Post and Telecommunications Holdings company).  CRAN is after all responsible to (among others):

• ·         Implement a transparent and fair pricing regime
• ·         Respond to consumer complaints
• ·         Protect consumers in respect of prices, quality, variety of services and user equipment supplied
• ·         Promote competition amongst service providers

Buyer beware when enrolling at an education business

The past few weeks there have been shock stories in the newspaper and on the airwaves regarding students who have completed their studies (some as far afield as Indonesia), only to find out that their course of study or institution they were studying at are not accredited by the Namibian authorities.  A few of these customers have contacted the Consumer News Namibia Magazine and asked for our assistance in getting their courses accredited, or at the very least, getting their money refunded.

Consumer News Namibia Magazine has in previous editions covered the education sector, and more specifically the private tertiary institutions sector, but for the sake of our readers once again we give details in this article.

Let us start with educational institutions that are based in Namibia.

The Namibian constitution states:

(4) All persons shall have the right, at their own expense, to establish and to maintain private schools, or colleges or other institutions of tertiary education: provided that:

(a) such schools, colleges or institutions of tertiary education are registered with a Government department in accordance with any law authorising and regulating such registration;

(b) the standards maintained by such schools, colleges or institutions of tertiary education are not inferior to the standards

Educational institutions in Namibia (and their portfolio or courses) are accredited by the Namibia Qualifications Authority (NQA). This institution evaluates and accredits national institutions and degrees, as well as foreign qualifications of people who wish to demonstrate the national equivalence of their degrees earned abroad.

According to their website:

“The Namibia Qualifications Authority (also referred to as the NQA) is a statutory body established by the Namibia Qualifications Authority Act No 29 of 1996.

The NQA is committed to the promotion of quality education and training in Namibia through the development and management of a comprehensive and flexible National Qualifications Framework (NQF).

Quality is also promoted by the NQA through the Accreditation of education and training providers in Namibia and their courses.

The NQA wishes to assist the development of Namibia as a proud nation through putting in place systems and opportunities that allows all people to develop to their fullest potential without being hindered by unnecessary obstacles and barriers.

The NQA believes that all people have a right to having their learning and abilities validly, fairly, reliably and equitably recognised regardless of when, how and where learning attainments and competences were attained.”

Unfortunately, this is the only page that works on the NQA website. All other pages were unavailable for link through from 20 – 29 July 2013.

In a nutshell, the NQA has the responsibility of ensuring the quality of education received by Namibians. They do this through accrediting Namibian institutions and their courses as well as evaluating of course provided by international organisations.

Thus a Namibian student (or their parents) should first check with the Namibia Qualifications Authority (NQA) before commencing their studies at either a local or foreign institution. In addition, the consumer must take note of what level the course is in the National Qualifications Framework.

Until Namibia gets a Consumer Protection Act, the rule is “Caveat emptor” or let the buyer beware. It still is the responsibility of the buyer to research the goods or services they wish to purchase and they have no recourse to the law if these do not meet their expectations.

Bottled water is making huge profits

Up until the late 1970’s there was no bottled water. Only 1976 did the first bottled water appear when the French bottler Perrier made its debut. These days you can hardly enter a shop or restaurant without finding bottled water on its shelves or menu.

The questions we as consumers must ask is: “What is the cost of bottled water?” and “Is it worth the price?”

Water is a human right and most of us have access in our homes, businesses, or schools to water supplied by our municipalities. This water is supplied to us at an average cost of N$ 11.45 per kilolitre – or 12c per 10 litre. That’s right, 12 Namibian cents per ten litres of water or less than 2c per litre.  (Source: City of Windhoek Tariff Booklet 2013/14)

Now let us compare that to the price of bottled water. A bottle of water can cost on average N$ 10.00 per litre in most retail stores in Namibia.

Regular drinking water competes with itself in a bottle, but reviewing the cost difference, you've got to wonder why or how?

Most consumers will tell you that that water in a plastic bottle is healthier and tastes better. According to international reports - with the help of advertisements, bottled water has gone from "reservoir to faddish luxury item to mass commodity.” Bottled H2O is being directly or indirectly sold as: healthy, smart, pure, sexy, clean and simple, it is "the stuff of life." The question we must ask is now is that a scientific fact or something we have come to believe because of the marketing by these bottling companies?  Even more worrying is that it has not been widely reported that in a few countries in the world concerns have been raised about chemicals leeching into the water from the soft plastic material of bottles.

And this brings us to the main concern (besides the high price and thus profit margin for bottling companies) about the bottled water. There is no government regulation about what constitutes mineral or “fresh” water and what are the types of inferences bottling companies can place when advertising or labelling their products. In fact most bottlers of water will admit they are bottling water from the municipal source but are “purifying” and adding taste.

Another concern in this day and age of recycling, is that as consumers we are polluting our environment with these plastic water bottles that are more expensive that tap water even though it may or may not be “better for us”.  According to the Sierra Club (One of the oldest, largest, and most influential grassroots environmental organizations in the United States), “Annually the water bottles themselves take about 1.5 million tons of plastic to manufacture for the global market.”

Did you know plastics come from oil and therefore it takes 1.5 million barrels of oil a year? Additionally the manufacturing process releases toxins into the environment, such as nickel, ethylbenzene, ethylene oxide and benzene. Even with current plastic recycling centres, “most used bottles end up in landfills, adding to the landfill crisis."

As a consumer you must ask yourself before you buy your next bottle of water: Am I willing to pay more than 50 000% for a bottle of water that is not regulated and checked for quality while adding to the pollution of the environment?

The Needs of the People

The Consumer News Namibia Magazine prides itself on providing information to the people of Namibia as a free (and freely available) monthly magazine. In our magazine we highlight many issues of interest that affect the daily lives of our readers.  In short, we talk about the needs of the people in the “Land of the Brave”. In the following piece, we explore what are these needs and the rights that go with us being able to fulfil these needs.

The Need for Subsistence

Need:                 Subsistence

Qualities:           physical and mental health

Description:       Every person has the right to basic goods and services which guarantee survival. This includes access to food, water, electricity, telephone, Internet and affordable housing. The state has to ensure the relative stable state of balance between all the different citizens (and their needs) in our population

The Need for Protection

Need:                 Protection

Qualities:           Care, adaptability, autonomy

Description:       Every person has the right to access social security, adequate health facilities and regulation of a safe working environment. This includes personal security, financial security, health and well-being and safety net against accidents/illness and their adverse impacts, as well as the provision of employment opportunities

The Need for Affection

Need:                 Affection (meegevoel)

Qualities:           respect, sense of humour, generosity, sensuality   

Description:       Every person has rights - and the responsibilities that go with these rights. This includes the ability to share with others, take care of the less fortunate in society choose who we are intimate with and ensure our privacy is respected. Our interaction with our natural environment is included in this section

The Need for Understanding

Need:                 Understanding

Qualities:           critical capacity, curiosity, intuition

Description:       The right to education (from the cradle to the grave) allows every citizen to access the information needed to improve their personal lives. This not only refers to primary, secondary or tertiary education, but also financial literacy and other Economic, Social and Cultural (ESC) rights and issues affecting our daily lives. It also includes the access to Information and Communication Technology (ICT) and the ability to use these new technologies.

The Need for Participation

Need:                 Participation

Qualities:           receptiveness, dedication, sense of humour

Description:       The right to participate and voluntary association in non-discriminatory organisations. These refer mostly to civil society and freedom of religion. It also makes reference to voters’ education and political and cultural tolerance. While ensuring freedom of speech and association, it insists upon responsibility and duty of the individual citizen to respect the rights of others

The Need for Leisure

Need:                 leisure

Qualities:           imagination, tranquillity, spontaneity

Description:       The right to relaxation, having fun in places which are intimate or places to be alone. This also refers to encouraging day-dreams or “future dreaming”.

The Need for Creation

Need:                 creation

Qualities:           boldness, inventiveness, curiosity

Description:       Each person has the need to be creative and be provided with the abilities, skills, work or techniques needed to invent, build, deign, compose or interpret the world around us

The Need for Identity

Need:                 identity

Qualities:           sense of belonging, self-esteem, consistency

Description:       A person finds their identity through their language, religion, work, customs, values and norms. Every person must have the right to interpret their own view of these and be allowed to practise their identity without harming others.

The Need for Freedom

Need:                 freedom

Qualities:           autonomy, passion, self-esteem, open-mindedness

Description:       The need for freedom allows equality of rights while ensuring differences of opinion allow us to further develop our personal awareness.

Conclusion

As human beings we have certain needs. In the struggle for freedom we have won certain political and civil rights. These are not yet sufficient to give us the dignity we deserve as sons and daughters of the soil. This is the economic fight we often still hear about. This battle can only be won if each person as an individual not only insists upon their rights, but also recognizes their responsibility to give back their community.

“We have fought for our rights. We now affirm our responsibilities. We acknowledge each of us has a duty to ourselves and our neighbours.”

MYTHS REGARDING WILLS AND DECEASED ESTATES

• Due to freedom of testation you can basically say anything you like in your Will. 
• Your last “Will and Testament” is a contract
• It is the duty of an executor to make funeral arrangements.
• Do signing powers and power of attorney lapse at death?
• Does interest on investments and debt cease at death?
• Do contracts and lawsuits lapse at death?
• Does the executor summarily sell all estate assets?
• Does everyone have a right to inherit?

Most of us are afraid of dying. In our society many people still consider it taboo to discuss issues surrounding their death. However, it is an important part of money management (financial literacy) to be aware of the issues of dying, wills and testaments.

Some of the most commonly beliefs are:

• ·         If you die without a valid Will, your assets are automatically forfeited to the State.
• ·         Everyone has a right to inherit from a parent.
• ·         An oral promise of an inheritance is a valid promise.

These are all myths, and here are some other misunderstood points:

No. You are not allowed to speak from the grave. For example, in your Will you cannot ask the person appointed as your executor to carry out your wishes, if to do so would go against any Acts of Parliament, promulgated regulations or other rules. You may also not make stipulations which are contra bonos mores (contrary to public morals), for example by making your son's inheritance conditional upon his divorcing his wife. You may also not take away the right of a parent of guardianship of his or her biological child.

No. Strictly speaking, a contract is an agreement between two or more persons, whereas a Will is a unilateral (one-sided) declaration of your last wishes. However, the amount you agree to pay the executor in a Will may be regarded as an enforceable contract.

No. However, if he does so, it is in his personal capacity. Only funeral costs (burial or cremation) and the cost of a gravestone (or a niche in a vault, or columbarium) are claims that can be made against the estate. Other costs, for example telephone and travelling costs and the cost of funeral refreshments, cannot be claimed unless you specifically state them in your Will.

Yes. Only the executor may, once he has been appointed by the Master, withdraw funds and sign documents.  (“Signing Powers” and “Power of Attorney” means is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter.)

No. Interest receivable on your savings account and investments ceases only upon withdrawal and closure of the account by the executor. Interest payable on debt, such as mortgage bonds and hire-purchase agreements, ceases only when the debt has been redeemed.

The executor must honour all contracts entered into by the deceased prior to death, unless the contract provides for its lapsing upon death. If the deceased was involved in a civil court case, then, provided court pleadings have been finalised (the legal term is ‘closed’), the case will usually continue. A criminal case against the deceased will, however, automatically lapse.

No. His primary task is to follow the wishes in the Will. He may sell assets only as stipulated in the Will, or at the request of an heir, or where there is insufficient cash available to settle claims.

No. However, a child has a right to maintenance from both parents and, if the surviving parent cannot provide, then the child’s claim lies against the estate of a deceased parent, and enjoys preference over the claims of heirs and legatees. A surviving spouse also has a right to reasonable maintenance. And if you do die without a valid Will, the provisions of the Intestate Succession Act apply, and an executor appointed by the Master will distribute your net estate (assets less liabilities) to those heirs and in the proportions specified in the Act.

If you are older than 18, you have a responsibility to become financially literate by seeking advice from a competent advisor on issues of wills and testaments among others.

Zero Tolerance should be Implemented

Recently the taxi drivers in Namibia have threatened a strike because of the high cost of fines being paid for traffic violation. One of the most common is where the taxi driver stands at an illegal area such as a red or yellow lined street corner or sometime right in the middle of the street. During the interview on television, one of the taxi drivers rightly pointed out that this is often the fault of the passenger who stands at such places. Furthermore, the taxi driver stated that if he does not pick up the passenger (or does not drop them where they say), another taxi will so he is forced to do so if he wants to earn a living.

This is unfortunately so. We as the consumers of this public taxi service are often to blame as we do not consider the obligations or rules of the road. Often the passenger in a taxi will comment how badly other taxi drivers are stopping or hindering the flow of traffic, but when it is their turn to disembark, they do exactly what the previous passenger had done. It is thus with this in mind that there have been calls for traffic fines by given to passengers as well.

While we are discussing this issue, I would like to enquire why the City of Windhoek does not increase their writing of fines for jaywalkers. (Jaywalking is a term originating in the United States and widely used elsewhere that refers to illegal or reckless pedestrian crossing of a roadway. Examples include a pedestrian crossing between intersections without yielding to drivers and starting to cross a crosswalk at a signalized intersection (robot) without waiting for a green indication giving them permission to cross.)

About a year ago I read in the newspapers about the City of Windhoek Traffic Department writing out tickets, but have not seen any more news about this continuing, or even feedback on the numbers of jaywalkers, and how many have paid their sentences.

The main reason Namibia is becoming a land of accidents, violence against woman, baby dumping etc. is because we have become a nation of the lawless. In as far as comparing ourselves with countries throughout the world in terms of crime, we find that our higher crime rates also include a higher disregard for smaller transgressions. Thus our politicians and law enforcement agencies should have a policy of zero tolerance. Think of zero tolerance in the following terms:

Consider a building with a few broken windows. If the windows are not repaired, the tendency is for vandals to break a few more windows. Eventually, they may even break into the building, and if it's unoccupied, perhaps become squatters or light fires inside. Or consider a sidewalk. Some litter accumulates. Soon, more litter accumulates. Eventually, people even start leaving bags of trash from take-out restaurants.

Thus zero tolerance is the concept of giving carte blanche to the police for the inflexible repression of minor offenses.

Can GRN “walk the talk”?

What does this mean for as consumers of the Government of the Republic of Namibia?

• STANDARDS
• INFORMATION
• COURTESY AND HELPFULNESS
• CONSULTATION AND PARTICIPATION
• ACCOUNTABILITY
• TRANSPARENCY
• NON-DISCRIMINATION
• QUALITY OF SERIVCE
• VALUE FOR MONEY
• ACCESSIBILITY

In Namibia, the Government is one of the biggest single employers and provides services in all sectors of the economy.  Thus it is an important service provider and according to President Hifikepunye Pohamba, "there is a growing international trend for governments, in both developed and developing countries, to focus on the need to provide greater value for money in the delivery of public services. This has led to greater awareness that public services must improve the quality of the service being rendered to the customers: citizens, tourists and visiting businessmen and women. For Namibia to realise Vision 2030, we must "walk to talk" and sharpen our commitment to improve the quality of services delivered to all who live in or visit our country.”

The President was speaking at the launch of the reviewed Namibian Public Service Charter in 2012. The Charter was first launched by the Founding President, Sam Nujoma in 1997 and had nine general principles. After the review, accessibility was added as a principle and thus there are now ten. They are:

STANDARDS

This means each ministry, organisation or state owned enterprise must set, publish and monitor clear standards of service that a public servant should uphold.

INFORMATION

The state organs should provide information about the public services they offer in a prompt straightforward and open manner that is readily understandable to all consumers.

COURTESY AND HELPFULNESS

Each public servant (GRN employee) must provide a courteous and helpful service suitable to the convenience of those entitled to the service.

CONSULTATION AND PARTICIPATION

Ensuring that there is regular consultation with those who use the services of the public sector and, having taken their views and priorities into account, provide a choice wherever possible to the benefit of the consumer.

ACCOUNTABILITY

Provide details of performance against targets and identifying who is responsible. Such services are being provided by public servants who can be identified readily by their customers as they should be wearing name badges. This is to ensure that public servants are accountable for their actions at all times.

TRANSPARENCY

Disclose how public services are managed together with the cost and performance of specific services which are open to public scrutiny in all actions taken in public office.

NON-DISCRIMINATION

Ensuring that services are available and provided equally and fairly to all.

QUALITY OF SERVICE

Publicize straightforward feedback procedures. Provide where errors have been made, an apology, full explanation and early correction of the error.

VALUE FOR MONEY

Provide efficient, effective and affordable public services.

ACCESSIBILITY

Ensure accessibility to public service by accommodating the service needs of our service users

It is interesting to note that at the launch in 1997, the Founding President stated, “It is also my hope that parastatals and the private sector will follow this example and helps make the delivery of services in Namibia as efficient, cost-effective and consumer-focused as possible.”

Let us hope that will come to pass

What is Genetically Modified Organisms or GMO’s?

During the past few weeks there have been articles in newspapers about GMO’s and the various protests staged around the world against the company Monsanto which manufactures GMO’s. A number of consumers contacted the Consumer News Namibia Magazine to find out more about the issue.

• Are GMO’s safe?
• Are GMOs labeled?
• What are the impacts of GMOs on the environment?
• How do GMOs affect farmers?

Namibia is planning on testing for GMO’s

GMO’s, or “genetically modified organisms,” are plants or animals that have been genetically engineered with DNA from bacteria, viruses or other plants and animals. These experimental combinations of genes from different species cannot occur in nature or in traditional crossbreeding.

Most commercial GMOs are engineered to withstand direct application of herbicide (weedkillers) or to produce an insecticide (to kill insects that eat them). Despite biotech industry promises, none of the GMO traits currently on the market offer increased yield, drought tolerance, enhanced nutrition, or any other consumer benefit. In contrast, there is growing evidence that connects GMO’s with health problems, environmental damage and violation of farmers’ and consumers’ rights.

Most developed nations do not consider GMOs to be safe. In more than 60 countries around the world, including Australia, Japan, and all of the countries in the European Union, there are significant restrictions or outright bans on the production and sale of GMOs. In developing countries such as Namibia where there is little or no consumer protection, the governments have largely been ignoring the problem.

Unfortunately, even though polls consistently show that a significant majority of consumers want to know if the food they’re purchasing contains GMOs, the powerful biotech lobby has succeeded in keeping this information from the public. Recently, the Namibia Consumer Trusts has sent samples of Namibian consumer products to be tested in South Africa.

Over 80% of all GMOs grown worldwide are engineered for herbicide tolerance. As a result, use of toxic herbicides like Roundup has increased 15 times since GMOs were introduced. GMO crops are also responsible for the emergence of “super weeds” and “super bugs:’ which can only be killed with ever more toxic poisons like 2,4-D (a major ingredient in Agent Orange). GMOs are a direct extension of chemical agriculture, and are developed and sold by the world’s biggest chemical companies. The long-term impacts of GMOs are unknown, and once released into the environment these novel organisms cannot be recalled.

Because GMOs are novel life forms, biotechnology companies have been able to obtain patents with which to restrict their use. As a result, the companies that make GMOs now have the power to sue farmers whose fields are contaminated with GMOs, even when it is the result of inevitable drift from neighboring fields. GMOs therefore pose a serious threat to farmer sovereignty and to the national food security of any country where they are grown, including the United States.

It is thus with great pleasure that we take note that the Namibia Consumer Trust (NCT) received an official invitation to witness the inauguration of the Ministry of Agriculture, Water and Forestry's Genetically Modified Organism (GMO) testing facility on Tuesday 28 May 2013. NCT informed us that they are delighted that the expert who will be doing the demonstration of how GMO testing is done is the same Professor NCT had asked to do the GMO tests on Namibian popular maize. NCT intends to continue with these tests, maybe these may be done locally in the near future. That is if the lab can also do tests for independent civil society.

With pressure from the civil society, such as the Namibia Consumer Protection Group (NCPG), Namibia Consumer Trust (NCT and the Consumer News Namibia Magazine, we hope to continue to pressure the government and state agencies to do more to ensure the foods we eat are not doing us harm in the long run. 

Funny Bank Charges and Bad Customer Service

Many people complain about banks’ customer service especially during the payday of the 20^th, 25^th and end of the month. This is something which is easy to pick up as a consumer because we are physically experiencing the frustration of standing in a queue.  However there is another problem that we do not often notice but that is costing you money. This problem is the one of bank charges. Sometimes the bank charges us and we complain but not very often we do not actually realise that the bank charges were incorrectly calculated.

Recently a consumer complained about a bank mistake that cost him more money than expected.

“I have been a customer of a certain bank for over twenty years and generally consider their service to be the best of all the banks in the country. Recently however, I had to re-evaluate my opinion. By chance I had been asked to provide a copy of my bank statements of the past six months for a business deal I wished to conclude. Upon glancing through the statement I noticed an amount of N$ 10,000 that had been deposited in my account. Having a reasonably good memory, I could not recall that any client had paid me such a perfect round number for any work undertaken. After careful scrutiny, I noticed the amount was deposited on a Friday, and then reversed the following day and indicating an incorrect deposit. Thus it was a clerical error of the bank with the account number or something.

However the next line in my bank statement had me sitting up straight. There was a charge of N$ 185 for Cash Handling Fees. The bank had reversed the incorrect deposit of cash into my account, but charged me for their mistake.”

Another complaint was received from a consumer this week:

“How can a bank have such bad service??? I call nobody answers even when you call the people who make the decisions and big guns they are unavailable the only bank I know in Namibia that people are always unavailable? Then on top that you have the cheek to send me a letter to say I must pay then when I call you admit that you are at fault yet you take the matter further now you want to repossess my things??? This is directed at the vehicle loans department how is a person supposed to make a payment when you change your bank account details for payment and then on top that hand over to handover all time and when a person try to call nobody is ever available pathetic and when email people read and never reply absolutely pathetic this will be in the news appear as i know I'm not the only one having these problems to think two years ago Standard bank said would sort out there problems well looks like only getting worse.”

To both these consumers we can suggest you contact the complaints department of your bank. If you still feel unhappy with the service, then you can contact the Bank of Namibia (BoN). The “Guidelines for Lodging Complaints” have been developed by the Bank of Namibia to guide clients of commercial banks to lodge complaints with the BoN. The guidelines further establish complaint handling procedures at the BoN to ensure a consistent approach in complaints resolution.

As consumers we often complain, but do not follow up and allow the company involved to correct their mistake. The Bank of Namibia has opened up a new chapter in getting banks to change their consumer culture, but it is still up to us as the consumers to make use of these complaint mechanisms.

Paradoxical Commandments

(Because the original page is no longer available online: http://prayerfoundation.org/mother_teresa_do_it_anyway.htm)

 The verses below reportedly were written on the wall of Mother Teresa's home for children in Calcutta, India, and are widely attributed to her. 

Some sources say that the words below were written on the wall in Mother Teresa's own room.  In any case, their association with Mother Teresa and the Missionaries of Charity has made them popular worldwide, expressing as they do, the spirit in which they lived their lives. 

They seem to be based on a composition originally by Kent Keith, but much of the second half has been re-written in a more spiritual way.  Both versions are shown below.

___________________________________________

1. The version found written on the wall in Mother Teresa's home for children in Calcutta:

              People are often unreasonable, irrational, and self-centered.  Forgive them anyway.

            If you are kind, people may accuse you of selfish, ulterior motives.  Be kind anyway.

            If you are successful, you will win some unfaithful friends and some genuine enemies.  Succeed anyway.

           If you are honest and sincere people may deceive you.  Be honest and sincere anyway.

            What you spend years creating, others could destroy overnight.  Create anyway.

            If you find serenity and happiness, some may be jealous.  Be happy anyway.

            The good you do today, will often be forgotten.  Do good anyway.

         Give the best you have, and it will never be enough.  Give your best anyway.

         In the final analysis, it is between you and God.  It was never between you and them anyway.

-this version is credited to Mother Teresa

____________________________

2. The Original Version:

The Paradoxical Commandments

by Dr. Kent M. Keith

1. People are illogical, unreasonable, and self-centered.
   Love them anyway.
2. If you do good, people will accuse you of selfish ulterior motives.
   Do good anyway.
3. If you are successful, you win false friends and true enemies.
   Succeed anyway.
4. The good you do today will be forgotten tomorrow.
   Do good anyway.
5. Honesty and frankness make you vulnerable.
   Be honest and frank anyway.
6. The biggest men and women with the biggest ideas can be shot down by the smallest men and women with the smallest minds.
   Think big anyway.
7. People favor underdogs but follow only top dogs.
   Fight for a few underdogs anyway.
8. What you spend years building may be destroyed overnight.
   Build anyway.
9. People really need help but may attack you if you do help them.
   Help people anyway.
10. Give the world the best you have and you'll get kicked in the teeth.
    Give the world the best you have anyway.

© 1968, 2001 Kent M. Keith

"The Paradoxical Commandments" were written by Kent M. Keith in 1968 as part of a booklet for student leaders.

Citizens Data used in government registers need better protection

I need your help.

I have entered the Web Summit People's Stage and need your vote. Please follow the link and press like if you support my entry.

My topic is:

"Most African countries (e.g. Namibia) are creating central registers for voters rolls, home affairs data, etc. using biometric collection methods. Yet many do not have Data Protection or Electronic Transaction laws or even basic Consumer Rights legislation. How must Governments create mechanism that protect basic personal data rights while still using technology to ensure improved service delivery of government services? Governments and civil society have to work out methodologies that protect not only the data or the possible theft of data, but also the methods of seeking citizens permission of the way their data is used"

Link: http://www.websummit.net/competitions/peoples-stage/entries.html#3-526

Rights of Passengers Using Road Transport in Namibia

The Namibia Consumer Protection Group (NCPG) has taken note of the continued loss of lives on our roads and wishes to propose a Passenger Charter for Road Transport in Namibia. The following core rights must be applicable to all regular services, irrespective of the distance of the service provided:
• non-discriminatory transport conditions,
• access to transport for disabled persons and persons with reduced mobility at no  additional cost and the financial compensation for the loss or damage of their mobility equipment,
• minimum rules on travel information for all passengers before and during their  journey as well as general information about their rights; and
• a complaint handling mechanism by carriers available to all passengers.


If the distance travelled is 250 km or more (long-distance services) we propose:
• passengers be given a ticket (printed or cellphone message) proving their entitlement to transport,
• compensation and assistance in case of death, injury, loss or damage caused by accidents,
• information when the service is cancelled or delayed in departure,
• right of reimbursement of the full ticket price or rerouting in case of cancellation or long delay,
• adequate assistance in case of cancelation or long delay (only applicable when the scheduled duration of the journey is more than 3 hours),
• compensation up to 50 % of the ticket price if the service provider fails to offer the passenger the choice between reimbursement of the ticket price or rerouting in case of cancellation or long delay; and
• specific assistance at no additional cost for disabled persons and persons with reduced mobility both at bus terminals and on board.

The Ministry of Works and Transport has created specific legislation and regulations to govern the usage of roads through licencing fees, etc., but very little has been done to enure the rights of cosnumers of public transport are respected.

We would like to encourage all stakeholders, including the Ministry, Namibia Bus and Taxi Association, Media and consumer bodies to correct this lack of consumer protection for users of public road services.

11 June 2013
Milton Louw
Volunteer Director

Namibia should speak for its brothers in Zimbabwe

"Without moral and intellectual independence, there is no anchor for national independence." - David Ben-Gurion

Namibia has a duty to speak out against all acts that deprive any individual of their fundamental human rights. The first line of the preamble to our Constitution states “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace;”

It is therefore the duty of each Namibian citizen, and all our political leaders to show moral leadership in our undertakings with all countries of the world.

http://www.creativereview.co.uk/cr-blog/2011/march/the-zimbabwean-the-voiceless-campaign

A new advertising campaign for The Zimbabwean highlights the newspaper's role in giving a voice to the people of Zimbabwe. The posters feature images taken by photojournalists who have worked in the country over the last two years, and direct viewers to the newspaper's website, where the photographers describe the circumstances in which the shots were taken.

Namibia has lost its godliness.

The discussion about bible studies at school is a reaction to our realising that we have lost our moral compass as a nation. Because we remember the days of pre-independence as being without this type of lawlessness, it is easiest to point to a single change, such as the removal of bible studies from schools, and say we should reinstate this and then things will become better.

Unfortunately this is too easy an argument and might even detract us too long while these things continue to occur in our communities.

We need to tackle the root of the problem directly; There is a lack of godliness in our culture since we embraced our Independence. By this I refer to the feeling that as individuals we are aware that our deeds on earth will be judged when we pass from this earth. This feeling is the one that makes you look around when you are about to do something wrong. That feeling that makes you come to the defence of those more vulnerable in our community, that feeling that makes us give of our time, money and even possessions to make life a little easier for those around us.

This feeling of fraternity, or brotherhood, is not natural to being human. At birth we are naturally self-centred and believe ourselves to be the centre of the universe and that everyone around us is there to serve our needs. As we grow our parents and community teach us that we are part of the human race, and need to invest into our relationships with those around us to also receive something in return. This education is part of growing up and provided by our parents. It starts with our Mothers’ teaching us to no longer drink from her breasts but to eat on our own and eventually be able to earn our own living to enable us to purchase our own food.

In the same way, our parents have to teach us that we are not the centre of the universe in terms of possessions or earthly goods but rather that “we should love others as we love ourselves”.
This is what gives us human beings our godliness: Our ability to understand that we must respect and cherish all that is around us on earth. This includes our partners, our children, our institutions and even our natural world. If we can teach this awareness of godliness from birth we will soon have s society that we can all be proud of.

Godliness is thus not about a specific religion, or book, but the universal teaching of us treating each other as the gods we all are.

A sense of godliness in each of us will see less need of laws stopping the

• abuse by companies of consumers,
• abuse by men of women in relationships,
• abuse by those in power of the trust of those who put them there, and
• abuse of the very earth and its natural surroundings that is the Land of the Brave.

It might be better to have a class at schools teaching future parents their responsibilities towards the education of their children?

Misleading advertising promises big things

First printed in The Namibian 11 April 2013

Writing this weekly column has become the highlight in my week. In any given week I can expect at least three different issues to stick out their head that want to be brought to the attention of the esteemed readers.

The past week was one in which more than eight different issues have been raised and I found myself overwhelmed in making the decision of what to write about. Then on Tuesday while I was in a pharmacy seeking to purchase a vitamin supplement containing ginseng and St John’s Wort, it struck me that most of the issues the past week have been about misleading advertising. But first, let me tell you about my experience at the pharmacy.

For the past ten to twelve years I have been a big supporter of homeopathic medicines as an alternative to man-made medicine and worse, their expensive brand names that are pushed by our medical profession. In 2003, while spending a year studying the possibility of creating a central database for citizens in Germany, I was introduced to a natural product known as “Johanneskraut” (or St John’s Wort in English) for the treatment of depression. The doctor suggested I use the herb in a tablet form or in a liquid mixed with ginseng which would give me energy and combat fatigue. I have used the product over the past ten years and have felt it produced the desired result in regards cleansing my body and reducing the stress in my mind and increasing my energy levels.

This week, as I am returning to Windhoek, I felt I should once again get topped up in my vitamins and prepare for the stress lifestyle in the city. Purchasing the St John’s Wort was no problem, but I did not find the ginseng. At the next pharmacy I was in for a bit of a surprise. The pharmacy assistant guided away from the herbal medicines section to an area where the contraceptives and sexual stimulants were being displayed. The display cabinet had various packets advertising ginseng as an aphrodisiac to assist men in getting bigger or better in sexual performance. The packets all contained only an individual pill to be used for the specific purpose and were priced in the region of N$ 30 to N$ 40 each. After quite some discussion (some quite embarrassing I must add), I was able to make the assistant understand I was looking for the product as a herbal remedy and not because of any problem I might be having in the bedroom department. The assistant and I went through to the herbal department and we were able to find a packet of 20 tablets that was priced at a reasonable N$100. Thus the price would make it N$5 per tablet. Being the curious consumer activist that I am, I went back to check the contents of the expensive packets and compare with the one I purchased. When comparing the contents, it turns out both the single packet and the bulk packet contained exactly the same amount of ginseng per tablet.

My question now is: Why the big difference in pricing? The simple answer is that the products were aimed at different segments namely the natural herbal supplement market and the male sexual dysfunction market.
The biggest problem I have with the ginseng supplement is that it is being advertised as a product that will assist with a medical problem without any proof that this is the case. Worst of all, by making sure the product is being sold in a pharmacy the manufacturer is getting a silent endorsement as to the perceived effectiveness of the product.

If we had a consumer protection act, or at least some consumer protection agency, we as consumers would be able to register our complaints as get products that are using misleading advertising off our shelves.

Right now we have no protection.

Let us talk about debt, baby

First printed in The Namibian 04 April 2013

This week I wish to share with you my experience with debt and the threat by the lawyers that “the Sheriff of the Court” will come take my possessions and sell them to repay debts that have been registered with the court. I have two registered debts that I am aware of. Both are debts incurred while running my company and applied by the creditors to my personal responsibility. The one debt is stated by the creditor to be over N$ 25 000 and thus is a matter for the High Court.

Now, you must keep in mind that though you might not wish to discuss your debt, the creditor is doing everything possible to make sure as many people as possible know about it. The use of the threat to inform the widest possible audience is the greatest tool of the creditor to force you to pay what the court has agreed you owe them. (This is important: The amount you are supposed to owe is the amount they have convinced the court you must pay – and I will come back to that later.)

Allow me to share with you the information about my court registered with the High Court (all is public information supplied by the creditor and their lawyers).

The Deputy Sheriff of the High Court was ordered to serve on me a subpoena (an order to appear before the High Court) for 11 April 2013 at 10h00. On this day, the judgement creditor, namely Institute for Public Policy Research (IPPR) wishes the court to give an order  to pay the outstanding default judgement amount of N$ 28 630 When I appear in court, the creditor expects me to provide a proof of my monthly salary or income, my monthly income and expenses, proof or all debts and payments thereof, a list of my assets and liabilities, proof of expenses in respect of housing and all other documents that may assist the court to investigate my financial position and determine the instalments to be paid by me for this debt. (I am unfortunately an unemployed writer living on a friend’s farm ;-)

By now, most of us have learned that my explanation of “the behaviour of the organisation has led to me to withhold my labour” or the belief by the IPPR that “you have been duplicitous and give Black Economic Empowerment a bad name” is of no interest to the court. In the eyes of the law, I have been found guilty after due process has been followed by the creditor.

And now we come to the root of my problem. I accept the judgement, but would like some further information or assistance. For example:

• What was the original debt and what other costs have been added to get to the amount in front of the court?
• Why did the lawyers make use of a sister company to do the tracing and change my erf numbers as if I had a new address during the process of getting the default judgement (and neatly changed it back to get the summons served at the correct address)?
• Which amounts are actually allowed to have interest added? The main debt is stated in my papers, but can the lawyers charge interest on their charges? Or charge interest on the services provided by the Sheriff of the Court? I could really use a clear indication of which costs attract interest and which do not.
• When does my debt reach “in duplum”?

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 been codified by statute in South Africa, which now protects consumers against predatory interest rates on loans and further provides better clarity about when the rule applies and when not.

Namibia needs legal protection for its consumers – the consumer law is a necessity not a nicety!

Joke of the week: Airtime has an expiry date

First printed in the Namibian of 28 March 2013

All of us have at one time or another bought a product and on using the product notice that the expiry date has passed. The expiry date (or shelf life) indicates the length of time that foods, beverages, pharmaceutical drugs, chemicals, and many other perishable items are given before they are considered unsuitable for sale, use, or consumption. This is a way in which consumers are protected from unsafe products, and it provides protection for the seller of the product as the consumer has sufficient information through the printed expiry date.

Now imagine going to the shop and buying a roll of toilet paper. You store the toilet paper and after two months you take it out of its packing to use for what you bought it. Would you not be a little upset if when you start to use the toilet paper it all falls apart while you are using it? When you go to the place you bought it to insist they refund you your money, you might have to sit down a while and breathe deeply when they tell you there is an expiry date on toilet paper. All of us have an expectation that most non-perishable products should last a reasonable time and refuse to allow companies to make or sell inferior products because they have an “expiry date”.

This now brings me to prepaid services. Most of us have become used to having a prepaid metre in our house for water and electricity. The prepaid services are a way for these companies to ensure they get their money. In other words, prepaid takes out the risk of giving people an account and then having to struggle to get your money out of the customer. Prepaid means that the supplier has the money of the customer in their hands – but it does not belong to the supplier until the customer uses the service they paid for. Just as what the company will charge you interest if you have an account that is paid late, these suppliers should give you interest (or more units) the earlier you buy their service.  In my opinion, the companies that sell prepaid service should be selling it cheaper to the cash customers rather than giving cheaper services to people who are buying it on credit.

The word “credit” is translated from the Latin principle of “I believe”. Credit is the trust which a person or company has to be able to give something to another party where the receiving party does not immediately reimburse the debt but promises to do so at a later date. Thus our cellular, electricity and water companies have created a mechanism whereby we give them money (credit) on the understanding they will pay us back later in the service we wish to use. This idea of prepaid services has saved companies lots of money in tracing bad debt, etc and provided them a way to get the money from the consumer before the service is used. I believe this innovation has led to a very profitable business model and a “win-win” situation for both the consumer and the company supplying the service.Now let’s come back to the story of the expiry date.

Imagine this scenario: You purchase the electricity at the prepaid meter and you decide to buy four different credit notes with prepaid electricity. You use three throughout the month to help with your weekly budget and are very well pleased with your savings when you still have one slip of electricity credit left. (Remember this is your money that has not yet been paid in service.) The next month you only buy three more credit notes as you were able to save on your budget and this is your reward. Now let us imagine further that when you use the credit note of the previous month, it does not work. When you enquire at the supplier they inform you that your money has expired. That’s right. The money you have given them has no value any longer to the supplier because you took too long to use the prepaid service. I am sure you will feel the same as the customer who finds out the toilet paper is not doing its job because it expired.I was sitting on the throne this week when I read about the expiry date of the MTC airtime vouchers. I quickly looked up and made sure the toilet paper was not the next thing that would expire.

Follow me on twitter: @miltonlouw or www.facebook.com/namibia.politics

ITC Transunion has no legal framework in Namibia

In conclusion the following can be said, consumer protection forms a cardinal part of our law. Most of the time consumers constitute the layman off the street, who is not always aware of what their rights are or what they should be. Once they enter into a credit agreement with a credit grantor it is as if they hand over all their trust and rights over to the credit grantor. For this reason it is not always possible for consumers to realize when they are being trapped into an agreement, which they might not be to their benefit.

It may happen that a consumer takes on more credit agreements than they can afford, and they end up defaulting on payment, in Namibia whenever a consumer defaults on the third to fourth time they are handed over to ITC, a credit bureau that blacklists consumers and restricts them from any other agreements or contracts. The consumer laws and legislation in Namibia is not reformed and up to standard to guarantee a consumer, that in the event of him/her defaulting on payment that proper procedure will be followed before handing them over to the ITC. Currently the legislation that governs consumer protection is the Credit  Agreements Act 75 of 1980, although section 28 provides for consumers right to privacy, there is no provision that governs the procedure to be followed for instance when a consumer defaults on payment or when a credit grantor blacklists a consumer. This is in sharp contrast to the South African position, whose Consumer Protection Act59 clearly states what can be done in instances of defaulting as well as lay out the circumstances in which a consumer is blacklisted. In other words it does not rule out ITC as a whole but it provides for certain guidelines and procedures to be followed so as to not wholly infringe on the rights of the consumer and at the same time balancing the rights of the credit grantor.

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.






http://wwwisis.unam.na/theses/boonzaaier2010.pdf