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.