#BetterDigitalWorld for Namibia - Consumer Day 15 March 2018

Introduction

The number of Internet users by the end of 2017 had reached 4,1 billion users. This means that for the first time, the number of internet users have exceeded the 50% mark of all the people in the world which was estimated at 7,5 billion in August 2017.

The total number of users per region is shown in the following graph

The breakdown of the numbers further shows that though the total number of users in Africa is 10.9%, there is only a penetration rate of 35.2% for the continent.

The number of users in Namibia was 797,002 by 30 June 2017 which translates into 31.0% penetration of usage among the population. Though this number seems high, we are still lagging behind the average penetration of users in Africa (35.2%). It is also interesting to note that around 65.2% of Internet users are also users of social media, most notably Facebook.

Affordability is an issue for usage

In 2011, the United Nations (UN) in a report on the promotion and protection of the right to freedom of opinion and expressions, underlined the applicability of international human rights norms and standards on the right to freedom of opinion and expression to the Internet as a communication medium. In other words, the UN declared internet access to be a basic human right on par with clean water, shelter, food and electricity.

Getting online is expensive. For this reason, the Alliance for Affordable Internet is advocating for an affordability target of “1 for 2”— 1GB of data for no more than 2% of income. The cost of 1GB of mobile broadband in Namibia is more than 3.49% of the average monthly income Figures 2016). In Zimbabwe it is nearly 45% of the monthly average income.

Below is a comparative table for countries in SADC where data is available:

Following international studies on working to affordable Internet for all, the Namibia Consumer Protection Group (NCPG), proposes that we:

• ·         Employ Public Access Solutions to Close the Digital Divide
• ·         Foster Market Competition Through Smart Policy
• ·         Implement Innovative Uses of Spectrum through Transparent Policy
• ·         Take Urgent Action to Promote Infrastructure and Resource Sharing
• ·         Make Effective Use of Universal Service and Access Funds
• ·         Ensure Effective Broadband Planning Turns Into Effective Implementation

We dedicate our time and resources to working with the lawmakers, regulatory organisations and non-government organisations to make these a reality in this, the year of reckoning.

Organisations involved in Digital Matters in Namibia

Namibia Consumer Protection Group

The NCPG is a volunteer-based organisation that primarily uses media (print, radio, television and social) to dissemenate information on consumer issues. The primary tool for this community is the Facebook page, https://www.facebook.com/groups/namibiaconsumer/. There are 1,492 members as at 15 March 2018.

Internet Society

The Internet Society (ISOC) is an American non-profit organization founded in 1992 to provide leadership in Internet-related standards, education, access, and policy. Its mission is "to promote the open development, evolution and use of the Internet for the benefit of all people throughout the world".

In Namibia, there are 153 ISOC members resident in the country of which 100 are registered to the local ISOC Namibia Chapter.

Internet Governance Forum

The Internet Governance Forum (IGF) is a multi-stakeholder forum for policy dialogue on issues of Internet governance. It brings together all stakeholders in the Internet governance debate, whether they represent governments, the private sector or civil society, including the technical and academic community, on an equal basis and through an open and inclusive process. It has been hosted by the United Nations since 2006.

A number of regional, national, and youth initiatives hold separate meetings throughout the year and an inter-regional dialogue session at the annual IGF meeting. Namibia held its IGF launch in October 2017.

The main objectives of the Namibia IGF (NamIGF) are to:

• Raise awareness, promote improved understanding and build capacity on internet governance issues amongst Namibian stakeholders and their respective communities.
• Organise and host an annual multistakeholder and democratic platform for engagement and knowledge building on internet governance-related issues in Namibia, and beyond.
• Influence the development and implementation of national policies related to the internet, and broadly, information and communication technology (ICT).
• Facilitate multistakeholder participation by Namibian representatives at continental and global internet governance platforms.
• Contribute to the strengthening of multistakeholder engagement on internet governance in the SADC and African Union (AU).

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