I start with me. I am Dyslexic
Dyslexia is a very broad term defining a learning disability that impairs a person's fluency or comprehension accuracy in being able to read,[1] and which can manifest itself as a difficulty with phonological awareness, phonological decoding, processing speed, orthographic coding, auditory short-term memory, language skills/verbal comprehension, and/or rapid naming
Transunion ITC has no legal framework
While doing research, I came across the website of these
submissions by students at UNAM, (http://wwwisis.unam.na/theses).
Among the papers I discovered a paper entitled “Consumer Protection And The
Legality Of Itc. A Compartative Study Between Namibia, South Africa” presented
by N. Boonzaaier (Student Number 200645838) with his supervisor being K.
Kangueehi.
Boonzaaier in his abstract states… “Credit sales are a
common occurrence and originated before the Roman era. As time passed,
especially after the industrial revolution of the 19th century (which made
available consumer goods on a large scale), an increasing number of contracts
of purchase and sale were concluded in terms of which payment of the purchase
price would take place at a later date or over a period of time in the future.
It is an incontestable fact that some ‘purchases on credit’ constitute a risk.
Not only for the credit grantor, but even more so for the consumer.
.
It is common knowledge that the use of consumer credit
enables individuals to enjoy the services of consumer durable goods sooner than
they otherwise and in a period of inflation offers them a real prospect of
acquiring them more cheaply. Consumers in general are able to obtain a more
satisfying ‘basket’ of goods and services with the same income. Thus consumer
credit may be said to enhance consumer satisfaction. Furthermore some
individuals who lack the self-discipline to save up for the purchase of a
durable consumer good but are nevertheless unlikely to break their contract
with a creditor are able to buy a durable consumer good which might otherwise
never be theirs.
He then goes on to explore the rights of consumers, why
consumer protection is needed, and the right to privacy of consumers in
congruency to section 28, Article 13 of the Namibian Constitution and the
provisions of the Bill of rights.
At the end of the paper he makes the following
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.”
The Ministry of Finance has promised legislation on credit
bureaus and how they manage our data. Until such time, I have to strongly urge
the Minister, Bank of Namibia and Namfisa work out a solution to fix this
problem. Since 1999 a proposal has been made such a credit bureau would
actually fit well into our Cooperatives Act without much being done in
addition. This would make the cooperatives operations governed by a set of
by-laws, as well as ensure ownership by the business that share this
information with each other. Of course, this would also mean that Transunion
would only be allowed to own a maximum of 20% in the cooperative. A rather neat
way of getting Namibian ownership of a strategic resource (personal
information) without using black economic empowerment or other such tools.
In the meantime,
perhaps we can consider some kind of grandfather clause to allow their
operations to continue until a new law is in place.
There is another issue though that I wish to ponder:
In addition to providing credit reports to credit grantors,
they also supply potential employers and some of the high unemployment can be
put squarely on the shoulders of the credit bureau. After all no employer
wishes to employ a person listed on the “blacklist” so many qualified people
are now outside of possible employment. I argue that is, if not
unconstitutional, then against the labour law, as you may not discriminate on
grounds of the person’s economic status.
Shelf Labelling versus Unit Prices
In last month’s Consumer News Namibia Magazine, I wrote about the unit pricing on shelves. This refers to the practice of indicating the prices per unit (kilogramme, litre, single product in bilk packs, etc.) I had a chance to travel around Namibia during the past few weeks I was fortunate to travel around the country taking tourists to places such as Swakopmund, Walvis Bay and Okahandja. While visiting the towns I took the opportunity to visit the most common shopping places. I noticed with some joy that there are a few shops who already label their products for the convenience of the consumer. I must commend Shoprite on having almost all their products labelled with the unit price clearly indicated, while Pick & Pay has around half of their products labelled – it is perhaps just laziness at the IT department to fill in all the fields correctly in their central system as the labels already have place to indicate the unit price? In my cursory examination at OK and Fruit and Veg, I did not find any of the products with unit prices indicated.
This was rather strange as these South African stores have
the regulations and laws in South Africa, but clearly do not yet bother with
our Namibian consumers till they have a law to force them. In addition, the
Namibian chain store, Woermann & Brock, did not have unit pricing and I
hope they consider changing this soon.
After all as a Namibian owned chain store they have moved into South Africa
where I am sure they obey the South African rules.
After reading my article quite a few people contacted me
about shelf pricing they see when they pick up the product and put into their
basket – but find to their horror there is another price in the “computer
systems” and the cashier can do nothing about it.
Whooa – as Al Pacino would say. That is not problem as a
consumer. The store cannot make their problem yours. They are responsible for
correctly pricing the goods on the shelves if they do not wish to price each
product individually.
I had some difficulty finding the applicable laws governing
commercial transactions before Independence – as these laws are still
applicable until repealed by the Parliament in a Namibia Consumer Act. But,
when I search through the training manuals of the Namibian Police’s Commercial
Branch and found the following list (as of the day of Independence) that were
applicable still in Namibia:
·
Merchandise Marks Act, 1941 (Act No. 17 of
1941),
·
Business Names Act, 1960 (Act No. 27 of 1960),
·
Price Control Act, 1964 (Act No.25 of 1964),
·
Sales and Service Matters Act, 1964 (Act No. 25
of 1964),
·
Trade Practices Act, 1976 (Act No. 76 of 1976)
This is a very interesting fact. Thus our police are able to
interfere in consumer versus business matters – also on the side of the
consumer. Next time this happens to you, offer to call the police unless they
offer you the product at the shelf indicated price. Yes, they may even end up
in jail if they do not comply.
I wonder how long before our business community will now
take to also push for the creation of a Consumer Protection Act that clearly
stipulates their responsibilities in the new day and age.
Consumer Day 2013
Many countries around the world commemorate 15 March as the
World Consumer Day. This day has a historic importance as it was on this day
1962, when the Bill for Consumer Rights was moved in the US Congress.
This year, the theme of World Consumer Day is “Consumer
Justice Now”. As Namibians we must push for our legislature to put in place a
CPA as soon as possible as good consumer protection is not only about
legislation, but it can also deliver justice, create a fairer society and even
save lives. The United Nations Guidelines for Consumer Protection (UNGCP) act
as an international reference point of the consumer movement and can be
understood to be
•
the right to the satisfaction of basic needs
•
the right to safety
•
the right to be informed
•
the right to choose
•
the right to be heard
•
the right to redress
•
the right to consumer education
•
the right to a healthy environment.
Namibia Consumer Trust, the only registered non-governmental
organization and only Namibian member of Consumers International (CI)
commemorates World Consumer Rights Day. Head of Consumers International Africa
office, Minister of Trade and Industry as well as the Governor of Bank of
Namibia are scheduled speakers.
The event is scheduled to be held at the Habitat Research
& Development Centre, Claudius Kandovazu str, Katutura (next to A Shipena
Sec. School) in Windhoek.
This year, the Namibia Consumer Protection Group (a lobby
group and supporter of consumer activism) is asking people around the country
to buy on 15 March 2013 a litre milk everywhere in Namibia, and then please
post on website the price they paid and the store where they bought it. Perhaps
we can we create awareness why we need a Consumer Protection Law and we can all
see to what in-fluxed prices and irregularities exist in our own land of the
brave. The idea is that every time you buy a litre of milk, you visit the
webpage http://www.namibiamilk.com/
and upload your details.
The page will continue to operate for the next year to allow
us to correlate data on what consumer throughout the country are being charged
for this basic necessity.
Remember its easy, "You can report the price of milk
online. Simply go to www.namibiamilk.com and click on the 'submit a report' button.
Alternatively find us on Facebook by searching for Namibia Milk Price Day".
It is important that consumer in Namibia should start
demanding their rights. The way it is going at present, we are simply made
promises and none of them are being kept.
As an example, three years ago, on 15 March 2010 (World
Consumer Day), the then Minister of Trade and Industry, Honourable Hage
Geingob, promised in a speech read on his behalf that a Consumer Protection Act
will be submitted to Parliament within one year. Since then Dr. Geingob has
moved on to become the Right Honourable Prime Minister and is poised to become
our next President in 2015. With Consumer Day again being celebrated on 15
March this year, there is however still no sign of the promised Consumer
Protection Act (CPA).
We need Consumer Justice Now!
I Love My Fatherland
When I started writing
this book in 2009, it began as a way of collecting my various commentaries on
diverse subjects within Namibia. As I started putting them together, a theme
started emerging and I remembered back to the first day of Independence in 1990
when I raised the Namibia flag for the first time over our capital Windhoek. I
swore to myself that day: that I would do everything from my side to make this
the best country to live in. This has led me to look at what is the Oath of
Allegiance for Namibia. The only one I have found is the one prescribed for
foreign nationals wishing to become Namibians in the Namibian Citizenship Act.
Thus I have formulated my
own:
I…………, ID Number …….., presently residing ……… in the……… District of the
…… Region, do hereby declare on oath that I will be faithful to the Republic of
Namibia, observe its laws, promote all that which will advance it and oppose
all that may harm it.
So Help Me God.
The singing of the
National Anthem and the above oath has given me a lot of strength each morning
as I prepared this second edition, and I hope I will continue to sing the
anthem in the morning and re-affirm my oath as often as is necessary.
I noted that in this
process I sing to my motherland, but have no mention of fatherland. As a matter
of biology, this is my fathers-land and South Africa is my mothers-land.
This got me thinking: I
should sing to my motherland and work for a better fatherland. It has always
been part of our human culture that a father has been out to work, while the
mother works at home. Perhaps in Namibia, we have become a motherland and our
people have forgotten we have a fatherland and that father expects you to work.
Namibia our Fatherland, we
must have the right to work. Our fathers must be able to provide for their
children. Our children must know that there is an aim for their efforts at
school: It is to get a meaningful work that will contribute to the well-being
of Namibia and all who reside in it.
I want this in our Constitution, and while we are at it, there are a couple more things….
I want this in our Constitution, and while we are at it, there are a couple more things….
Namibians are Miserable
The Namibian - 7 March 2013
What does it mean to be miserable? The dictionary defines
miserable as “causing extreme discomfort or unhappiness for example in a
miserable situation”. This past week
Namibia was ranked as the 7th most Miserable Country in the World.
This rating is based upon the misery index, a crude economic measure created by
Arthur Orkum, that sums up a country's unemployment and inflation rates to
assess conditions on the ground (the higher the number, the more miserable a
country is). The reasoning: most citizens understand the pain of a high jobless
rate and the soaring price of goods.
Our Misery index score is 57, based upon our Consumer Price
Inflation (CPI) of 5.8% per year and our unemployment rate of 51.2%. The
findings further state that Namibia is “heavily dependent of the its mineral
resources, Namibia exports a lot of diamonds, uranium, and gold. However, the
mining sector employs only 3 per cent of the country's labour force. Since
there isn't much else going on, almost half of Namibia's workers are without
jobs. Income inequality is absurd here—even though the country boasts a high
GDP per capita, Namibia has the highest GINI coefficients: 70.7%.”
When I first saw this article my national pride immediately
made me rubbish the story. My reaction was, “how can westerners call us
miserable?”. I also prepared all the arguments about statistics being flawed
etc., before calming myself down.
I then resorted to understanding what the author was
writing. Yes, it’s true that our consumer prices are increasing above our
salary increases and yes, our unemployment is reaching alarming rates. This
means to me that if I am working, I am able to afford less and less each year,
and I must support my extended family who are not finding employment. A miserable situation indeed.
This must be a wake-up call to Namibia. Whenever we lose
rankings in competitiveness or business confidence, the NCCI and business
person are quick to point out that they are finding it harder to make a profit
and government must be careful. However, when the Misery Index is discussed,
nobody discusses the issues creating our ranking, but rather point fingers at
the way the index was created.
This index has focussed on where our misery stems from
namely employment problems (too few jobs paying too little) and our consumer
prices that are going higher and higher.
Please note, I wrote Namibians are Miserable – not “Namibia
is a miserable place to stay”.
BTW: The Gini coefficient is a number between 0 and 1, where
0 corresponds with perfect equality (where everyone has the same income) and 1
corresponds with perfect inequality (where one person has all the income—and
everyone else has zero income). Here Namibia tops the list at number 1 (in the
world) with a GINI coefficient of 70.7 . We top the list of income inequality
and that is a fact we cannot argue against.
***
A few weeks ago I wrote about price labelling and the need
to have prices shown on the shelf that are measured in understandable units
such as litres and kilograms. During the past week I was fortunate to travel
around the country taking tourists to places such as Swakopmund, Walvis Bay and
Okahandja. While visiting the towns I took the opportunity to visit the most
common shopping places. I noticed with some joy that there are a few shops who
already label their products for the convenience of the consumer. I must
commend Shoprite on having almost all their products labelled with the unit
price clearly indicated, while Pick & Pay has around half of their products
labelled – it is perhaps just laziness at the IT department to fill in all the
fields correctly in their central system as the labels already have place to
indicate the unit price?
***
When I receive exceptional service I must share it with you
the reader. Last week I had to purchase baby milk formula no. 2 and there was
none available in Usakos or Karibib. When I inquired at the OK in Karibib, the
owner came to assist me. Upon finding there was none of the no. 2, he offered
that I take the no. 3 formula and return it (even if we used a little bit over
the weekend) for the right formula on Monday when the order was to be
delivered. Thank you. I appreciate your efforts.
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