(First appeared in New Era 11 August 2015)
During the past week I attended a consultative workshop by the Ministry of Industrialization, Trade and SME Development in Windhoek on the National Policy for micro-, small- and medium-sized enterprises. I was glad that the Ministry is revisiting the previous policy which is at least 18 years outdated. During the discussions I brought up the issue of whether this policy will clearly stipulate that it is to support Namibian owned businesses. This brought out differing viewpoints, with one side arguing that we cannot discriminate against foreign owned business while the other side argued that a policy should be put in place that specifically assists Namibian entrepreneurs to increase the size and scope of their business.
As consumers we are often requested by (mostly) big businesses to support Namibian products and services through the “Buy Namiban”, Team Namibia and other promotions. This is often at a cost that we as the consumers have to carry as these same businesses promoting these efforts are in fact asking us to do so at the expense of cheaper products from elsewhere. This type of infant industry protection is apparently aimed at creating local jobs and making it more profitable for a foreign investor to set up such a facility within the country.
Thus I must question not whether the Government should develop policies that allow more Namibian ownership, or perhaps even promote our own method of broad based economic empowerment, but rather; what affect would promoting Namibian owned businesses through preferential treatment have on a consumer?
First, we all as consumers would benefit as more Namibian ownership getting more benefits would allow for more jobs to be created. Secondly, it would mean that the profits of these enterprises would remain in Namibia and be available to uplift our own economy. Third, it would put a stop to unfair competition from foreign companies as they are already benefiting from export policies of their own country. We need only to look at what occurred in the construction industry when cut-throat competition was allowed in the construction industry. Economists argue that competition increases a consumer’s choice and lowers prices. Not so. The prices of houses have not gone down and neither has the quality for consumers. If we use this industry as an example, we also see how a local skill base has been reduced to sub-contracting or even closing down as even the lowest level of construction opportunities have been opened up to foreign owned companies.
We have seen xenophobic attacks happening in many African countries as consumers (citizens) become enraged by the number of foreign owned companies being allowed in all sectors without creating more jobs, or lower prices, but only an increase in the profits being syphoned out of their communities.
As a consumer activist and business owner, I cannot ignore that Namibia has one of the most liberal Constitutions that guarantee no discrimination. However, I must also point out that part of the preamble to this constitutions states: ‘whereas we the people of Namibia are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle…” Surely this means that we must ensure that our children remain the owners of our not only our land but also of our economy.
At the present rate we have already sold our birth right on the land issue where there is no control on foreign ownership. Is it not about time we take control of our economy and ensure that we the people also benefit from the profits of ownership?
I encourage you as a consumer to think twice before buying a product that you could source locally. Why buy that fake wallet when you can invest in a better product when you buy from the Namibian leatherworks businesses.
Thursday, 17 September 2015
There is a ringing in my ears
(First appeared in New Era 5 August 2015)
On March 10, 1876, Alexander Graham Bell got the first telephone to work and uttered the words “Mr. Watson—Come here—I want to see you”. He as the inventor realised early on the intrusion a telephone could be and refused to have a telephone in his own study. The past few weeks I have been getting very frustrated with this invention and the intrusion it is having on my privacy. It all started when MTC started sending me SMSs about a competition that I could participate in to win if I first gave them three of my hard earned dollars.
Come on. That is gambling. If I, and all the other entrants must pay a participation fee, but only one of us actually wins a share of the money we all contributed, then this means that not only is it a gamble, but also a money earner for MTC. Upon enquiry with MTC, I was informed that I should send an SMS to request them to not send me any further SMSs about the competition. Yep, that’s right. I have to spend three dollars to get off the list of people who receive the message. This whole process by MTC is wrong and I consider it an invasion of my privacy. Further, as a company they are making use of my data for a purpose that I did not agree to.
Let us look first at the invasion of my privacy. The Constitution of Namibia clearly states that “No person shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as necessary in a democratic society….” Sending me an unsolicited message on my cellular phone is a clear interference with my communications. As an aggrieved person you and I are allowed under the constitution to approach the Ombudsman to provide us with legal assistance or advice as we require. I am approaching the Ombudsman in this regard and will keep you updated in later columns.
Secondly, let us look at the fact that MTC is using the fact that they know my number, as I am a client of their service, and now using it for a purpose for which I have not granted them the right. This is considered unsolicited advertising or SPAM. The most widely recognised form of spam is email spam, the term is also applied to similar abuses in other media: instant messaging spam, Usenet newsgroup spam, Web search engine spam, spam in blogs, wiki spam, online classified ads spam, mobile phone messaging spam, Internet forum spam, junk fax transmissions, social spam, television advertising and file sharing spam.
In the United States, a law called the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” was passed. Under this law, (and similar laws elsewhere), companies are required to be provide a clear and free method of unsubscribing from such messages. It further allows for the establishment of national do not call/ sms / email list that allows consumers to register their details and be protected from unsolicited advertising. Of course, the law also allows for fines and penalties for companies that do not adhere to these regulations.
Some readers might feel that I am making a mountain out of a molehill by insisting that companies like MTC and others should be prevented from sending us junk mail via our telephones. I would however remind you that our telephones are a communication method that not only allows outward communication, but also is often used for inward communication relating to families and friends. Take an example of the grandmother who cannot read at night getting an unsolicited advert in the middle of the night. She will have to wait till morning to know what is in the message and meanwhile she fears the worse news until then.
On March 10, 1876, Alexander Graham Bell got the first telephone to work and uttered the words “Mr. Watson—Come here—I want to see you”. He as the inventor realised early on the intrusion a telephone could be and refused to have a telephone in his own study. The past few weeks I have been getting very frustrated with this invention and the intrusion it is having on my privacy. It all started when MTC started sending me SMSs about a competition that I could participate in to win if I first gave them three of my hard earned dollars.
Come on. That is gambling. If I, and all the other entrants must pay a participation fee, but only one of us actually wins a share of the money we all contributed, then this means that not only is it a gamble, but also a money earner for MTC. Upon enquiry with MTC, I was informed that I should send an SMS to request them to not send me any further SMSs about the competition. Yep, that’s right. I have to spend three dollars to get off the list of people who receive the message. This whole process by MTC is wrong and I consider it an invasion of my privacy. Further, as a company they are making use of my data for a purpose that I did not agree to.
Let us look first at the invasion of my privacy. The Constitution of Namibia clearly states that “No person shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as necessary in a democratic society….” Sending me an unsolicited message on my cellular phone is a clear interference with my communications. As an aggrieved person you and I are allowed under the constitution to approach the Ombudsman to provide us with legal assistance or advice as we require. I am approaching the Ombudsman in this regard and will keep you updated in later columns.
Secondly, let us look at the fact that MTC is using the fact that they know my number, as I am a client of their service, and now using it for a purpose for which I have not granted them the right. This is considered unsolicited advertising or SPAM. The most widely recognised form of spam is email spam, the term is also applied to similar abuses in other media: instant messaging spam, Usenet newsgroup spam, Web search engine spam, spam in blogs, wiki spam, online classified ads spam, mobile phone messaging spam, Internet forum spam, junk fax transmissions, social spam, television advertising and file sharing spam.
In the United States, a law called the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” was passed. Under this law, (and similar laws elsewhere), companies are required to be provide a clear and free method of unsubscribing from such messages. It further allows for the establishment of national do not call/ sms / email list that allows consumers to register their details and be protected from unsolicited advertising. Of course, the law also allows for fines and penalties for companies that do not adhere to these regulations.
Some readers might feel that I am making a mountain out of a molehill by insisting that companies like MTC and others should be prevented from sending us junk mail via our telephones. I would however remind you that our telephones are a communication method that not only allows outward communication, but also is often used for inward communication relating to families and friends. Take an example of the grandmother who cannot read at night getting an unsolicited advert in the middle of the night. She will have to wait till morning to know what is in the message and meanwhile she fears the worse news until then.
Great Expectations
(First appeared in New Era 29 July 2015)
(Great Expectations is a novel by Charles Dickens that was published in 1861 and tells the story of an orphan named Pip)
This coming week it will be my first wedding anniversary. Traditionally, (since the Middle Ages), each wedding anniversary requires a specific gift depending on the number of years you are married. For example, the tenth wedding anniversary is tin or aluminium celebrating ideas and symbols while the fifteenth anniversary gift is traditionally crystal.
The first wedding anniversary is traditionally symbolised as being paper while in modern times we also give gifts of clocks. I have spent some time considering the various gift ideas from money, photographs, books, stationary, event tickets, love letters, calendars and poems. After much consideration, I decided what I will by my loving supportive wife for her anniversary. But back to the consumer issue at the heart of this decision making. One of the ideas is to purchase a coupon for a service or product that your loved one can take up at their own time. For example, a coupon for a day being spoilt at a wellness/spa/beauty parlour counts as a paper gift.
This got me to thinking what would happen if the gift I purchased as a promissory note, does not meet the expectations I have of the gift I wish the give the other person? After all, as the customer who purchased the gift I too have an expectation of the service of product even though I am not the intended recipient.
Under the present legal environment (or rather of legal environment), there would be very little recourse to me if the expected, and advertised, service does not meet my expectations. Obviously expectations can be very subjective as they are based on my personal expectations, but should there not be a recourse to at least the minimum expectation any reasonable person would expect?
In the proposed draft consumer protection law, it is proposed that a consumer can sue under the principle of “tort”. A tort, in our common law jurisdiction, refers to a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. This person who commits the act is known as the tortfeasor. This harm or loss is not limited to physical injuries and can include emotional, economic or reputational injury as well as violations of privacy, property or constitutional rights. In general torts can refer to carried topics such as motor vehicle accidents, false imprisonment, defamation, product liability, copyright infringement and environmental pollution. As a consumer, this will lessen the burden of proof required when instituting an action against a supplier of products or services.
The proposed Consumer Protection Commission will also be able to handle “class action” lawsuits where consumer protection organisations can bring claims on behalf of consumers. (A class action is a type of lawsuit where one or several person can sue on behalf of a larger group of persons, who are then referred to as “the class”.) This will help consumer activists as class action allow for two factors important in consumer protection, namely that 1) the issues being brought to court or government agency are common to all members of the class; and 2) the persons affected are too many and this will make it impractical to bring all of them before the court to testify.
This bring me back to the question of whether I will have legal recourse if the beauty parlour coupon does not meet my (or the recipients) expectations. After all, they do offer beauty treatment?
(Great Expectations is a novel by Charles Dickens that was published in 1861 and tells the story of an orphan named Pip)
This coming week it will be my first wedding anniversary. Traditionally, (since the Middle Ages), each wedding anniversary requires a specific gift depending on the number of years you are married. For example, the tenth wedding anniversary is tin or aluminium celebrating ideas and symbols while the fifteenth anniversary gift is traditionally crystal.
The first wedding anniversary is traditionally symbolised as being paper while in modern times we also give gifts of clocks. I have spent some time considering the various gift ideas from money, photographs, books, stationary, event tickets, love letters, calendars and poems. After much consideration, I decided what I will by my loving supportive wife for her anniversary. But back to the consumer issue at the heart of this decision making. One of the ideas is to purchase a coupon for a service or product that your loved one can take up at their own time. For example, a coupon for a day being spoilt at a wellness/spa/beauty parlour counts as a paper gift.
This got me to thinking what would happen if the gift I purchased as a promissory note, does not meet the expectations I have of the gift I wish the give the other person? After all, as the customer who purchased the gift I too have an expectation of the service of product even though I am not the intended recipient.
Under the present legal environment (or rather of legal environment), there would be very little recourse to me if the expected, and advertised, service does not meet my expectations. Obviously expectations can be very subjective as they are based on my personal expectations, but should there not be a recourse to at least the minimum expectation any reasonable person would expect?
In the proposed draft consumer protection law, it is proposed that a consumer can sue under the principle of “tort”. A tort, in our common law jurisdiction, refers to a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. This person who commits the act is known as the tortfeasor. This harm or loss is not limited to physical injuries and can include emotional, economic or reputational injury as well as violations of privacy, property or constitutional rights. In general torts can refer to carried topics such as motor vehicle accidents, false imprisonment, defamation, product liability, copyright infringement and environmental pollution. As a consumer, this will lessen the burden of proof required when instituting an action against a supplier of products or services.
The proposed Consumer Protection Commission will also be able to handle “class action” lawsuits where consumer protection organisations can bring claims on behalf of consumers. (A class action is a type of lawsuit where one or several person can sue on behalf of a larger group of persons, who are then referred to as “the class”.) This will help consumer activists as class action allow for two factors important in consumer protection, namely that 1) the issues being brought to court or government agency are common to all members of the class; and 2) the persons affected are too many and this will make it impractical to bring all of them before the court to testify.
This bring me back to the question of whether I will have legal recourse if the beauty parlour coupon does not meet my (or the recipients) expectations. After all, they do offer beauty treatment?
Man of the house
(First appeared in New Era 22 July 2015)
The past few weeks I have been traveling around the country for work and not spent as much time at home (or on writing this column) as I would like to. The cultural perception of the Namibian family is such that the “man of the house” is expected to earn the income even if it means traveling long distances from home, while the wife is expected to raise the children, earn an income and still be there to “spoil” her husband when he returns from his work far from home.
This week I was reminded of how much men in general take for granted the rights of privilege and put forward the argument of “it is my right as a man”. This happened when my baby, Captain Adorable, spoke his first words. Yes, you guessed it. His first word was “Mamma”. So much for forcing him to say “Dadda” to someone who is so often out!
In Namibia, we have quite a few “rights of privilege”: from the white person born before Independence who cannot understand why a black person does not stand up for themselves; to men who assert that they are the man of the house and get upset when the woman insists upon her rights too; to the shopkeepers who have the attitude of you should be glad I am here to provide you with products to purchase.
By the time you the reader have read this far, you must be questioning who I have not yet annoyed with my column this week. This is not my intention at all. Rather it is to have us question, and get the understanding between what is a right, and what is a privilege. Hopefully, by the end of this column you will also be able to distinguish between the two, and know when sometimes it is abused as a right of privilege.
Rights are defined as something belonging to you as an individual and these cannot be taken away from you. For example, in Namibia you have the right to freedom of speech and expression and this is guaranteed in the Constitution. A privilege on the other hand is something that is owned by another person or entity who then gives you the ability to do something. An example of a privilege is the owning of a drivers licence. The government is the entity which grants you the privilege of driving, but this can be taken away from you if you do not adhere to certain rules and regulations.
Taking this point further to discuss consumer protection we must continue to fight for our rights to be recognised. You have a) The right to basic goods and services that guarantee survival; b) The right to be protected against the marketing of goods or the provision of services that are hazardous to health and life; c) The right to be protected against dishonest or misleading advertising or labelling; c) The right to choose products and services at competitive prices with an assurance of satisfactory quality; d) The right to express consumer interests in the making and execution of government policy; e) The right to be compensated for misrepresentation, shoddy goods or unsatisfactory services; f) The right to acquire the knowledge and skills necessary to be an informed consumer and g) The right to live and work in an environment which permits a life of dignity and well-being.
These are your consumer rights and must be recognised by the government through legislation which will enshrine your rights, and protect you from having them taken away from you.
As a well-known consumer activist I often find my personal consumer issues being sorted out very quickly because the store or service provider is scared of how I will portray this issue in the newspaper. This is unfair to the rest of the consumers because I am now reaping the reward of “rights of privilege” whereas this should be a right for all.
It’s just another winter’s tale
(First appeared in New Era 24 June 2015)
The past week I was forced to pay an extended visit to my bed to get rid of the flu. In my family, my Mother believes in quite a few “home remedies” including Boegoe Brandy, Jamaica Ginger and of course the trusted vaporub and med-lemon. Some of these remedies are also known as “Hollandse medisyne” (Dutch medicines) and can be found in most supermarkets. There are “cures” for stomach aches, headaches, burping children and even chasing away evil spirits. Yes, one of the medicines are used in drawing a cross on the forehead of a child when you have no idea what else to try – and this chases away the evil! Some of us may ridicule these “cures”, but ask any parent whose child has the hiccups whether putting a piece of paper on their forehead helps?
While being in bed I came across an insert in one of our daily papers for the services of a witchdoctor. Normally I would refer to a person giving advice handed down from our forefathers as a traditional healer, but in this case the advert was for a witchdoctor, or how else could he also offer cures for being lovesick? I looked through several of our newspapers and found one paper that had thirty-two (32) classified adverts for traditional healers. A typical advert reads: “Dr Mwita: Bring back lost lovers, bad-luck, witchcraft protection, men power, employment, pregnancy, remove tokolosh. Money in your account in 20 minutes to get rich.”
When reading these adverts I realised that the people placing these adverts must obviously get clients otherwise why would they continue to place the adverts at their expense every day. Secondly, it does not seem to worry them that the issues they offer to resolve are not medicinal, but rather emotional. Lastly, most readers would question why these same traditional healers are offering to make you rich but are themselves not endowed with much riches themselves.
As a consumer activist, my conscience is prickled by this dilemma: “What recourse would a client have if after they have paid for the services of the traditional healer, they do not receive their monies worth in product or service? The Ministry of Health and Social Services is working with traditional healers and trying to cut out the obvious jokers or scammers, but this will only work if there is a set of criteria for these practitioners as well as a method of punishing those who abuse their position.
Having grown up in a western Christian culture, I must also ask of myself is there a major difference in going to a building, praying for what I desire and then paying money into the collection plate? What recourse do I have if my prayers are not answered? How far may a religious organisation go in promising me certain rewards (on earth) and when can I demand my money back if these are not kept?
While most welfare organisations and churches are doing a good job in Namibia, unfortunately, some have not. They have abused their mandate or become a vehicle for an individual who is seen as the driving force or even “responsible for the success of the organisation”. This leads to the next question, “How do we distinguish between a good and bad Non-governmental organisation?”
The following questions provide us with a litmus test: a) Are their financial statements open for scrutiny? b) What percentage of their budget is spent on salaries and perks for the organisations employees? c) What part of the budget is contributed by governments, directly or indirectly? d) How many of the NGO's operatives are in the field, catering to the needs of the NGO's constituents? e) Which part of the budget is spent on furthering the aims of the NGO and on implementing its programmes?
I suggest that we have Non-Government Organisation law. In this law we should be address the issues of mandate and good governance, and the mechanisms in the case of abuse. It should include a restraint on creation of new, frequently unnecessary, NGOs (that are mostly more helpful to the creators of the NGO than the people they are designed to serve).
The past week I was forced to pay an extended visit to my bed to get rid of the flu. In my family, my Mother believes in quite a few “home remedies” including Boegoe Brandy, Jamaica Ginger and of course the trusted vaporub and med-lemon. Some of these remedies are also known as “Hollandse medisyne” (Dutch medicines) and can be found in most supermarkets. There are “cures” for stomach aches, headaches, burping children and even chasing away evil spirits. Yes, one of the medicines are used in drawing a cross on the forehead of a child when you have no idea what else to try – and this chases away the evil! Some of us may ridicule these “cures”, but ask any parent whose child has the hiccups whether putting a piece of paper on their forehead helps?
While being in bed I came across an insert in one of our daily papers for the services of a witchdoctor. Normally I would refer to a person giving advice handed down from our forefathers as a traditional healer, but in this case the advert was for a witchdoctor, or how else could he also offer cures for being lovesick? I looked through several of our newspapers and found one paper that had thirty-two (32) classified adverts for traditional healers. A typical advert reads: “Dr Mwita: Bring back lost lovers, bad-luck, witchcraft protection, men power, employment, pregnancy, remove tokolosh. Money in your account in 20 minutes to get rich.”
When reading these adverts I realised that the people placing these adverts must obviously get clients otherwise why would they continue to place the adverts at their expense every day. Secondly, it does not seem to worry them that the issues they offer to resolve are not medicinal, but rather emotional. Lastly, most readers would question why these same traditional healers are offering to make you rich but are themselves not endowed with much riches themselves.
As a consumer activist, my conscience is prickled by this dilemma: “What recourse would a client have if after they have paid for the services of the traditional healer, they do not receive their monies worth in product or service? The Ministry of Health and Social Services is working with traditional healers and trying to cut out the obvious jokers or scammers, but this will only work if there is a set of criteria for these practitioners as well as a method of punishing those who abuse their position.
Having grown up in a western Christian culture, I must also ask of myself is there a major difference in going to a building, praying for what I desire and then paying money into the collection plate? What recourse do I have if my prayers are not answered? How far may a religious organisation go in promising me certain rewards (on earth) and when can I demand my money back if these are not kept?
While most welfare organisations and churches are doing a good job in Namibia, unfortunately, some have not. They have abused their mandate or become a vehicle for an individual who is seen as the driving force or even “responsible for the success of the organisation”. This leads to the next question, “How do we distinguish between a good and bad Non-governmental organisation?”
The following questions provide us with a litmus test: a) Are their financial statements open for scrutiny? b) What percentage of their budget is spent on salaries and perks for the organisations employees? c) What part of the budget is contributed by governments, directly or indirectly? d) How many of the NGO's operatives are in the field, catering to the needs of the NGO's constituents? e) Which part of the budget is spent on furthering the aims of the NGO and on implementing its programmes?
I suggest that we have Non-Government Organisation law. In this law we should be address the issues of mandate and good governance, and the mechanisms in the case of abuse. It should include a restraint on creation of new, frequently unnecessary, NGOs (that are mostly more helpful to the creators of the NGO than the people they are designed to serve).
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