Why is the consumer protection law taking so long to implement in Namibia?

Six years ago, I wrote the following:

The Namibia Competition Commission (NaCC) held a consumer awareness week in the capital from 24 to 27 September 2012. The week centred around two issues, namely the competitiveness of Namibia and the need for a consumer protection law. The participants included ministries, government institutions, non-government organisations, the media and members of the public. In the one-day workshop entitled consumer protection, an absolute necessity in Namibia, various aspects of a consumer protection law for Namibia were discussed. The conclusion of the workshop was that everyone agreed a law is necessary and everyone agrees with what should be included.

So what has been the delay in tabling a bill to Parliament?

The Ministry of Trade Industry's Consumer Protection Division had to decide where Consumer Protection should be housed. In other words, should it stay in the Ministry, be a new Commission or be a division of the NaCC. THAT's Right! The only decision that needs to be made is by whom the law should be regulated. The Namibia Consumer Protection Group (NCPG) made it clear that this is not sufficient reason to delay the law and fully supports the proposal that the competition law should be a division of the Namibia Competition Commission (NaCC).

CRAN Protects Consumers from Being Charged High Collection Fees for Outstanding Debts (by MTC)

The Communications Regulatory Authority of Namibia must be applauded for the decision on a consumer complaint about the 18% collection commission that Mobile Telecommunications Limited (“MTC”) charges on outstanding debts. (The complaint was received in 2013.)

The following is taken directly from the Media Statement published on 16 February 2018:
MTC’s Subscriber Agreement states that if the subscriber breaches the contract, MTC shall be entitled to recover all legal and other costs which shall include 18% collection commission that may be legally recovered from the subscriber by MTC.
The Authority concluded and resolved as follows:

1. MTC may not charge consumers a collection commission of 18% on any debts emanating from service level agreements for the provision of telecommunication services;
2. All debts arising from subscriber agreements between consumers and MTC are to be charged a collection commission of 10% only in line with the Magistrate’s Court Rule; and
3. The Magistrate Court Rules are aimed at ensuring that tariffs that have a bearing on collection of debts are reasonable, fair and equitable. The charges by the debt collectors are not exempt from the Magistrate Court Rules.

Aggrieved and affected consumers are encouraged to manage their cases directly with MTC. If such consumers feel their cases have not been addressed within 14 days from the date in which it was formally reported to MTC, then they should follow CRAN’s consumer complaint procedures.

This means that all consumers who have been charged the amount of 18% on outstanding debts can now insist on being refunded these fees.

We applaud the decision by CRAN and hope that MTC will put in place a method that will return these unfairly charged fees – and the interest they (MTC) might have received on these monies.

Press Statement from CRAN can be accessed here

Milton's Newsletter - 9 March 2018

Hi Readers,

Quote of the week

"Blessed are the young for they shall inherit the national debt." - Herbert Hoover

Topics this week:

1. World Consumer Rights Day - 15 March 2018
2. Appointment of Consumer Representative to NSI
3. Consumer Protection Act
4. Housing & Estate Agents
5. Number Portability - change your provider not your number
6. CRAN Protects Consumers from Being Charged High Collection Fees for Outstanding Debts (by MTC)
7. Message from NCPG Director

The global consumer movement will once again unite for a day of action on 15 March 2018. The international theme for World Consumer Rights Day (WCRD) is ‘Making digital marketplaces fairer’. Building on the success of the 2017 #BetterDigitalWorld campaign, the 2018 campaign will aim to promote digital marketplaces that are more accessible, safer and fairer for consumers across the globe.

E-commerce, or buying products and services online, has transformed the way we consume. Consumers with a connected device and a payment method can buy anything from music to take-away; book transport and accommodation; or buy tickets to events. This new way to trade has opened up a vast array of choice for consumers and enhanced convenience on a scale never seen before.
However, along with benefits, e-commerce raises key issues for consumers such as: access to fair and secure markets, being sure there is redress when things go wrong, and being exposed to scams and fraud. Because of this, the consumer movement must work to ensure that digital marketplaces are fairer for everyone.

Consumer Activism in Namibia

The Namibia Consumer Protection Group was founded in 2009 to unify and mobilize consumers through the identification of visible and clear targets in the community, and propose specific changes for the benefit of the consumers.
This year, in addition to supporting the theme of “Making digital marketplaces fairer”, the NCPG also provides feedback on the success and disappointments in the Namibian consumer environment.

Appointment of Consumer Representative to NSI

The Ministry of Industrialization, Trade and SME Development has appointed the Director of NCPG, Mr Milton Louw to the Namibia Standards Council, the governing council of the Namibia Standards Institute. Through this representation, consumers participate in improving quality, industrial efficiency, productivity and promotion of trade to derive optimum benefits for Namibia and its consumers.

Consumer Protection Act

The delay in the submission of the Consumer Protection Bill to Parliament is very disappointing. The various stages and drafts that have been part of the process have been coming along since before 2010, when H.E. Dr. Hage Geingob (then Minister of Trade & Industry) promised in a speech read on his behalf that the Consumer Protection Act will be submitted to Parliament within one year. The NCPG hopes that in this “year of reckoning”, the newly appointed Ministry of Industrialization, Trade and SME Development, Hon. Tjekero Tweya, will ensure that his staff brings this promise to reality.

Housing and Estate Agents

Within this Ministry, it must be noted with disappointment also at the state of the Namibian Estate Agents Board (NEAB) which is without a Board for a lengthy period of time. They are the official regulating authority and every estate agent must be registered with it. The primary function of the Board is to protect the public interest (consumers) in their dealings with agents while maintaining and promoting the integrity of estate agents. Obviously, without a Board in place, consumers are not getting the protection they deserve under the law.

Number Portability - change your provider not your number

The Communications Regulation Authority of Namibia (CRAN) has once again brought hope that the issue of Number Portability will be addressed within the next 12 months. According to the Communications Act (Act No. 8 of 2009) “number portability” means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability or convenience when switching from one carrier to another. Further according to Section 81 (3) “The numbering plan must require mobile number portability by all technology and service neutral licensees within two years from the date of commencement of this Act.”

The Media Statement on National Numbering Plan and Number Portability released on 22 February 2018 states: “The implementation of number portability will commence within 12 months from the final publication of the proposed regulations.”

The NCPG hopes that the process, which is 7 years overdue, is eventually implemented and “provides for an array of benefits such as to allow consumers with the right to retain their telephone numbers (fixed and mobile) when changing service providers, support economic growth, encourage participation in the communications sector and most importantly, ensure fair competition” as stated by the CEO, Mr. Festus K. Mbandeka in the statement.

CRAN Protects Consumers from Being Charged High Collection Fees for Outstanding Debts (by MTC)

CRAN must be applauded for the decision on a consumer complaint about the 18% collection commission that Mobile Telecommunications Limited (“MTC”) charges on outstanding debts. (The complaint was received in 2013.)
The following is taken directly from the Media Statement published on 16 February 2018:
MTC’s Subscriber Agreement states that if the subscriber breaches the contract, MTC shall be entitled to recover all legal and other costs which shall include 18% collection commission that may be legally recovered from the subscriber by MTC.
The Authority concluded and resolved as follows:

1. MTC may not charge consumers a collection commission of 18% on any debts emanating from service level agreements for the provision of telecommunication services;
2. All debts arising from subscriber agreements between consumers and MTC are to be charged a collection commission of 10% only in line with the Magistrate’s Court Rule; and
3. The Magistrate Court Rules are aimed at ensuring that tariffs that have a bearing on collection of debts are reasonable, fair and equitable. The charges by the debt collectors are not exempt from the Magistrate Court Rules.

Aggrieved and affected consumers are encouraged to manage their cases directly with MTC. If such consumers feel their cases have not been addressed within 14 days from the date in which it was formally reported to MTC, then they should follow CRAN’s consumer complaint procedures.
This means that all consumers who have been charged the amount of 18% on outstanding debts can now insist on being refunded these fees.

We applaud the decision by CRAN and hope that MTC will put in place a method that will return these unfairly charged fees – and the interest they (MTC) might have received on these monies.

Conclusion
The Namibia Consumer Protection Group (NCPG) has grown to 1,481 members as of 08 March 2018. The group started in 2009 and we have been able to ensure consumers issues are raised and shared amongst the people of Namibia. We will continue to be a Namibian organisation that campaigns for customer rights and focuses on illegal and unethical behaviour by Namibian companies.

To join the Namibia Consumer Protection Group please visit our community page on Facebook.
https:/www.facebook.com/groups/namibiaconsumer/

Yours in consumer rights

Milton LOUW
Volunteer Executive Director

Namibia Government OMA's and their websites

Parliament http://www.parliament.gov.na/
National Assembly https://goo.gl/ynxNtS
National Council https://goo.gl/oeiynU

Offices

Office of the President http://www.op.gov.na/
Office of the Prime Minister http://www.opm.gov.na/
Office of the Judiciary http://www.judiciary.na/

GRN

Ministries

Agriculture, Water and Forestry http://www.mawf.gov.na/
Defence http://www.mod.gov.na/
Education, Arts and Culture http://www.moe.gov.na/
Environment and Tourism http://www.met.gov.na/
Finance http://www.mof.gov.na/
Fisheries and Marine Resources http://www.mfmr.gov.na/
Gender Equality and Child Welfare http://www.mgecw.gov.na/
Health and Social Services http://www.mhss.gov.na/
Home Affairs and Immigration http://www.mha.gov.na/
Higher Education, Training and Innovation http://www.moe.gov.na
Industrialization, Trade and SME Development http://www.mti.gov.na/
International Relations and Cooperation http://www.mirco.gov.na/
Information and Communication Technology http://www.mict.gov.na/
Justice http://www.moj.gov.na/
Labour, Industrial Relations and Employment Creation http://www.mol.gov.na/
Land Reform http://www.mlr.gov.na/
Mines and Energy http://www.mme.gov.na/
Poverty Eradication and Social Welfare
Public Enterprises http://www.mpe.gov.na/
Safety & Security
      Namibian Correctional Service http://www.ncs.gov.na/
      Namibian Police Force http://www.nampol.gov.na/
Sport, Youth and National Service http://www.msyns.gov.na/
Urban and Rural Development http://www.murd.gov.na/
Veterans Affairs & Marginalised Affairs http://www.mova.gov.na/
Works and Transport http://www.mwt.gov.na/

Agencies

Anti-Corruption Commission http://www.accnamibia.org/
Electoral Commission of Namibia http://www.ecn.na/
Namibia Central Intelligence Service
National Planning Commission http://www.npc.gov.na/
Office of the Attorney-General http://www.ag.gov.na/
Office of the Auditor-General http://www.oag.gov.na/
Office of the Ombudsman http://www.ombudsman.org.na/
Public Service Commission of Namibia http://www.psc.gov.na/

NSI to host 5th annual National Quality Awards

The Namibian Standards Institution (NSI) will host the 5th annual National Quality Awards event on November 23 in Windhoek.

The National Quality Awards is the brainchild of the Cabinet-approved National Quality Policy document of June 1, 1999. The event is part of the government’s drive to establish, develop and enhance a strong and fully functional national quality infrastructure regime and encourage a quality culture in the country.

The aim of the quality awards is to recognize and appreciate industries and enterprises, including the service sector and individuals who perform excellently on quality.

It also honours those who contribute to quality advancement in all sectors of the economy, by having measurements and quality systems, procedures and processes that are in line with local, regional and international practices.
The programme furthermore recognizes individuals who use quality advancement to support national economic development and growth.

The NSI’s general manager for standards development and coordination, Jekonia Haufiku, said the awards further aim to enhance the understanding of quality principles, business methods and all national and international standards that promote quality and competitiveness.

“Through these awards we want to encourage industry to use standards to add value to their products so as to competitively market their products and develop their brands at international level. We also want to encourage individuals with drive and expertise in quality related issues to become active role players in strengthening the local quality infrastructure regime.”

He added that apart from honouring enterprises, the event also recognizes individual contributions towards Namibia’s quest of creating a strong national quality infrastructure regime.

The event aims at attracting broad national representation and participation from across all fourteen regions and all sectors of the economy and across all business spectrums and sizes.

The National Quality Awards consists of five categories, namely Company of the Year, Product of the Year, Service of Year, Exporter of the Year as well as the Individual Quality Award.

All businesses, large or small, are eligible to participate in the first four categories provided they are registered with the Ministry of Industrialisation, Trade and SME Development and have good standing with the Receiver of Revenue. The participating enterprises in the first four categories must be applying standards and provide proof of up-to-date certification against at least one standard.

The NSI has appointed independent judges from the quality fraternity to ensure balanced adjudication, and judges are expected to comply with the code of ethics and conduct for judges. The five national category winners will represent Namibia in the annual SADC Quality Awards event in 2018.