A Namibian Consumer Protection Act should specifically target unfair discrimination and enforce the right of equality in the consumer market. The Act must put the onus on the landlord to prove that he is not discriminating in any way against a tenant on the basis of things like race, gender, nationality, and even income.
In addition, we believe the new Act should allow for automatic renewal of the rental agreement. This will prevent landlords from using this as an excuse to terminate when the tenant wishes to stay. At present many agents and landlords are using the end of the year contract to get rid of tenants so they can increase the rent amount for the next person. Normally the rent will only go up by around ten percent, and the landlords are pushing up the prices to the new tenants by a lot more.
Lastly, we propose that the Consumer protection Act must include the right to fair and honest dealings. “No physical force, coercion, undue influence, pressure, duress or harassment may be employed to evict a tenant or compel them to sign a lease."
As an example, I quote from personal experience.
Last year, I was a renting near to the Zoo Park in Windhoek. I was on the farm at the time and had made arrangements as to my monthly payment. As agreed, I came from the farm and paid my outstanding rent and prepaid for two months.
The owner in the meantime decided to cancel the lease agreement with all tenants and change the building into office space. They thus gave all tenants two months notice to leave. I had paid a deposit so knew that I still had sufficient funds with the agent till the end of the period.
But the renting company wanted to get rid of all the tenants and make sure they were gone. So the estate agent "forgot" to enter my late payment and had their lawyers prepare a judgement. As you can imagine, I was very shocked to have the Sheriff of the Court appear at my door to throw me out. The worst part is that the Sheriff took my furniture even though the outstanding amount on the account had been paid.
Of course, there was nothing I could do. The lawyer for the company was also a Director of the same company and would not listen to any explanation.
Once the sheriff had sold my furniture, the lawyer had the audacity to let me know there was a shortfall on the outstanding account.
I called the lawyer and estate agent and explained that they were using a wrong account and the estate agent still owed me my deposit - which was more than any outstanding amount.
They promised to come back to me. Yeah right, almost a year later and still no response.
So what can you do before the law is in place?
You should write down the events that took place and make copies of all correspondence between yourself and the landlord. Once you have completed a written explanation, send this to the Estate Agents Board of Namibia. This is a statutory body under the Ministry of Trade and Industry responsible for making sure these landlords and estate agents comply with the law.
Now you might wonder why I did not follow this advice. The Sheriff of the Court under instructions of the agent had taken all my furniture including my computer equipment, thrown all my belongings on to the street. Poof, all my documentation and proofs of payment were gone.
Interview with Milton Louw on the above issues:
1. Does Namibia have a Consumer Protection Act?
No. However, the Namibian consumer is protected by various other laws, mostly industry specific such as in banking, insurance, medical, etc.
2. Is there plans to table such a law in parliament?
The Ministry of Trade and Industry has been talking to various role-players such as business, statutory bodies, consumer groups, etc on what form the law should take. Their "primary considerations were that Namibian consumers were experiencing unscrupulous and unfair trading practices, and that existing avenues to obtain redress are inadequate or completely absent." A workshop on this topic was held in September 2009 and the Ministry of Justice was requested to prepare a draft law. We have not had any more feedback since March this year.
3. What are the issues you would like to be put into the law? You referred in your email newsletter and on the Internet to issues with people hiring house and flats?
A Namibian Consumer Protection Act should specifically target unfair discrimination and enforce the right of equality in the consumer market. The Act must put the onus on the landlord to prove that he is not discriminating in any way against a tenant on the basis of things like race, gender, nationality, and even income.
4. How will this affect the complaints about high rentals in Namibia
We believe amongst others that the new Act should allow for automatic renewal of the rental agreement. This will prevent landlords from using this as an excuse to terminate when the tenant wishes to stay. At present many agents and landlords are using the end of the year contract to get rid of tenants so they can increase the rent amount for the next person. Normally the rent will only go up by around ten percent, and the landlords are pushing up the prices to the new tenants by a lot more.
5. What about landlords or estate agents throwing out people on to the street
we propose that the Consumer protection Act must include the right to fair and honest dealings. “No physical force, coercion, undue influence, pressure, duress or harassment may be employed to evict a tenant or compel them to sign a lease."
6. What can a consumer do if they feel unfairly treated by an estate agent?
The Estate Agents Board is under the Ministry of Trade and Industry with the mandate to regulate and control certain activities of estate agents in the public interest. They can be contacted about any complaint and they have specific procedures to deal with complaints.
Are Namibian coloureds a distinct cultural/indigenous group?
According to wikipedia:
A contemporary working definition of "indigenous people" for certain purposes has criteria which would seek to include cultural groups either:
* before or its subsequent colonisation or annexation; or
* alongside other cultural groups during the formation and/or reign of a colony or nation-state;
and who furthermore
* have maintained at least in part their distinct cultural, social/organisational, and/or linguistic characteristics, and in doing so remain differentiated in some degree from the surrounding populations and dominant culture of the nation-state.
To the above, a criterion is usually added to also include:
* peoples who are self-identified as indigenous, and/or those recognized as such by other groups.
A contemporary working definition of "indigenous people" for certain purposes has criteria which would seek to include cultural groups either:
* before or its subsequent colonisation or annexation; or
* alongside other cultural groups during the formation and/or reign of a colony or nation-state;
and who furthermore
* have maintained at least in part their distinct cultural, social/organisational, and/or linguistic characteristics, and in doing so remain differentiated in some degree from the surrounding populations and dominant culture of the nation-state.
To the above, a criterion is usually added to also include:
* peoples who are self-identified as indigenous, and/or those recognized as such by other groups.
Panarotti's Thursday eat all you can
Took my daughters out for a birthday celebration last night and they ganged up on me and wanted to go to Panarotti's for "Eat all you can Thursday". Well, we got there past seven and waited for almost an hour and a half for a table (we were 9 people in total). I did not mind the wait, but when we sat down we were informed the special only went till 9 'clock.
Whoaw. I can eat as I like in half an hour. Nowhere in the advertising does it state it stops at 21H00. Especially after waiting so long.
But would you believe it! the waiter arranged that we can pay the special price, and arranged at least five bottomless pizza (including a seafood) for the same price.
I am not sure if it is because I have five daughters, or this is the normal service.
So from my side, congratulations to Panarotti's Windhoek for good food and EXCELLENT service.
I hope we all get such service elsewhere this weekend.
"Service which is rendered without joy helps neither the servant nor the served. But all other pleasures and possessions pale into nothingness before service which is rendered in a spirit of joy."
Whoaw. I can eat as I like in half an hour. Nowhere in the advertising does it state it stops at 21H00. Especially after waiting so long.
But would you believe it! the waiter arranged that we can pay the special price, and arranged at least five bottomless pizza (including a seafood) for the same price.
I am not sure if it is because I have five daughters, or this is the normal service.
So from my side, congratulations to Panarotti's Windhoek for good food and EXCELLENT service.
I hope we all get such service elsewhere this weekend.
"Service which is rendered without joy helps neither the servant nor the served. But all other pleasures and possessions pale into nothingness before service which is rendered in a spirit of joy."
Legislation for informational privacy in Namibia
The ability to save information on a computer (for example in the central register) will also necessitate new legislation to be promulgated. These laws are especially necessary in our Information and Communication enabled society where information is stored on electronic retrieval systems.
Legislation for informational privacy
The Namibian Constitution states in Article 13 Privacy:
“(1) No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.”
The Constitution thus guarantees only “Physical Privacy”. The storage of personal and business information (“Informational Privacy”) must have legislation that will prevent misuse of this information. In addition, the individual in Namibia must be able to access any, and all, information that is stored by the state (public institutions).
There are thus things that are needed to guarantee informational privacy:
1. Data Protection Act;
2. Privacy and Electronic Communications Regulations;
3. Freedom of Access to Information Act
Data Protection Act
The Data Protection Act gives you the right to know (access) the information being held on you. It also sets certain key principles that anyone who handles personal information must comply with. The Act also establishes an Information Commissioner. The data covered is any information which can be used to identify a living person. This includes names, birthdays, addresses and other contact details. It only refers to information stored on computers.
The key principles of the Act must include:
• Data may only be used for the specific purpose that it was collected;
• Data may not be shared with others without permission of the individual whom such information is about – unless there is a legitimate reason;
• It is illegal for other parties to obtain this information without permission;
• Individuals have the right to the information about them subject to certain conditions;
• Personal information should not be kept longer than necessary;
• All businesses that collect personal information must register with the Commissioner; and
• Incorrect information must be corrected when it is brought to the attention of the data storage business.
Privacy and Electronic Communications Regulations
These regulations must control the people that wish to send out electronic direct marketing, for example email and text messages (SMS). Individuals have the right to refuse unsolicited marketing messages (“junk mail”) by fax, phone email and text message. Companies and organisations have the right to refuse marketing messages by phone or fax.
A register needs to be created to store the individuals and companies that refuse to receive such marketing messages.
Freedom of Access to Information Act
The Constitutions states in Article 95 Promotion of the Welfare of the People:
“… (e) ensurance that every citizen has a right to fair and reasonable access to public facilities and services in accordance with the law;”
This Act must give the individual the right to obtain information being held by the state (public institutions) unless there are good reasons that such information should be kept confidential. These institutions include government departments, regional and local government as well as schools. (The access to information held by private institutions is expected to be covered by the Data Protection Act.)
Legislation for informational privacy
The Namibian Constitution states in Article 13 Privacy:
“(1) No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.”
The Constitution thus guarantees only “Physical Privacy”. The storage of personal and business information (“Informational Privacy”) must have legislation that will prevent misuse of this information. In addition, the individual in Namibia must be able to access any, and all, information that is stored by the state (public institutions).
There are thus things that are needed to guarantee informational privacy:
1. Data Protection Act;
2. Privacy and Electronic Communications Regulations;
3. Freedom of Access to Information Act
Data Protection Act
The Data Protection Act gives you the right to know (access) the information being held on you. It also sets certain key principles that anyone who handles personal information must comply with. The Act also establishes an Information Commissioner. The data covered is any information which can be used to identify a living person. This includes names, birthdays, addresses and other contact details. It only refers to information stored on computers.
The key principles of the Act must include:
• Data may only be used for the specific purpose that it was collected;
• Data may not be shared with others without permission of the individual whom such information is about – unless there is a legitimate reason;
• It is illegal for other parties to obtain this information without permission;
• Individuals have the right to the information about them subject to certain conditions;
• Personal information should not be kept longer than necessary;
• All businesses that collect personal information must register with the Commissioner; and
• Incorrect information must be corrected when it is brought to the attention of the data storage business.
Privacy and Electronic Communications Regulations
These regulations must control the people that wish to send out electronic direct marketing, for example email and text messages (SMS). Individuals have the right to refuse unsolicited marketing messages (“junk mail”) by fax, phone email and text message. Companies and organisations have the right to refuse marketing messages by phone or fax.
A register needs to be created to store the individuals and companies that refuse to receive such marketing messages.
Freedom of Access to Information Act
The Constitutions states in Article 95 Promotion of the Welfare of the People:
“… (e) ensurance that every citizen has a right to fair and reasonable access to public facilities and services in accordance with the law;”
This Act must give the individual the right to obtain information being held by the state (public institutions) unless there are good reasons that such information should be kept confidential. These institutions include government departments, regional and local government as well as schools. (The access to information held by private institutions is expected to be covered by the Data Protection Act.)
Child of Africa
My brother and I once lived together as one
But life was bad for me back then
You see, he’s white while I’m not
But, these are all rules set but mortal men
And I’ve often wondered why they said such thing,
Things that really hurt me deep inside,
While they pretended they were kings.
Now I’ve come to realize that they lied
Because we are all equal
And even though our skins don’t match
Everybody should be entitled to follow his own will
But if I said this, the jail door behind me they’d latch!
Now, I know these words may not mean a lot
But the truth is, they all I’ve still got.
But life was bad for me back then
You see, he’s white while I’m not
But, these are all rules set but mortal men
And I’ve often wondered why they said such thing,
Things that really hurt me deep inside,
While they pretended they were kings.
Now I’ve come to realize that they lied
Because we are all equal
And even though our skins don’t match
Everybody should be entitled to follow his own will
But if I said this, the jail door behind me they’d latch!
Now, I know these words may not mean a lot
But the truth is, they all I’ve still got.
Brotherhood among us
Can’t we all come and meet each other
And no matter what colour we may be
Be able to show we love one another
And then together we’ll stand, you and me
The leaders of Tomorrow,
Planning for what is to come
Otherwise there will be lots of needless sorrow
Over killing which are quite dumb.
So come closer now and grab my hand
And we’ll accept each other as brothers
And then together we’ll be able to stand
To show our Father and Mothers
We want to plan for a common future
No matter what our race, colour or culture.
And no matter what colour we may be
Be able to show we love one another
And then together we’ll stand, you and me
The leaders of Tomorrow,
Planning for what is to come
Otherwise there will be lots of needless sorrow
Over killing which are quite dumb.
So come closer now and grab my hand
And we’ll accept each other as brothers
And then together we’ll be able to stand
To show our Father and Mothers
We want to plan for a common future
No matter what our race, colour or culture.
Why??
“Look at me my white brothers
Come closer to me
And show you care about the others
By letting us all live free”
This request may sound funny
But you all are enjoying your lives
While we struggle for money
So we can feed our children and wives
Now I know what the laws are
But they are really quite unfair
And so if you’ll lift the colour Bar
It will prove you really care.
So now that you’ve heard my cry
Go home and ask yourselves; Why?
Come closer to me
And show you care about the others
By letting us all live free”
This request may sound funny
But you all are enjoying your lives
While we struggle for money
So we can feed our children and wives
Now I know what the laws are
But they are really quite unfair
And so if you’ll lift the colour Bar
It will prove you really care.
So now that you’ve heard my cry
Go home and ask yourselves; Why?
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