COLUMN | What does the Consumer Protection Commission actually do?

Consumer Protection with Mike Murenzvi

Recently, we introduced the Consumer Protection Act (“the Act”) and the Consumer Protection Commission (CPC). Now, we take a more detailed look at the more than 20 functions of the CPC.

Section 6 of the Act bestows specific functions on the CPC for which it is responsible. These are wide-ranging, from education and awareness to dispute resolution.

To protect consumers from unconscionable, unreasonable, unjust or otherwise improper trade practices; as well as deceptive, misleading, unfair or fraudulent conduct

This is, perhaps, the most important function of the CPC; protecting consumers. Trade practices and conduct differ from business to business based on the ethics of the business owner, operator, and/or staff. Some of these actions for which the customer requires protection are things like no return/exchange policies where the goods are defective or have failed to run the course of a reasonable warranty period. Many have seen the signs in several downtown shops selling cheap goods.

In many instances, one is sold a product purporting to be genuine, only to find out later that it is a fake. An example of this is TVs and other electronic devices currently being sold under known name brands but are imitations. A generic model is imported and is later retrofitted with a brand label but costs a fraction of the price of the original. Some things are just too good to be true.

To conduct conciliation and arbitration between parties

Where a customer has raised a complaint with the goods supplier or service provider and received no reasonable resolution of the problem, they are encouraged to complain to the CPC. The Commission will then try to act as an arbitrator between the parties and get them to reach a resolution based on the facts of the case.

To promote fair business practices

The CPC educates businesses on what practices are deemed inappropriate and unfair and encourages them to do right by their customers.

To coordinate and network consumer activities and liaise with consumer organisations and the competent authorities and agencies locally and outside Zimbabwe to protect consumer interests

Consumer organisations work with the Commission in consumer rights education, awareness, and conciliation. Currently, the Consumer Council of Zimbabwe (CCZ) is the only such accredited organisation. Its work includes lobbying and advocacy to influence government to enact laws for consumer protection, complaints handling to resolve disputes between consumers and service providers, and consumer education. The history of consumer protection organisations in Zimbabwe can be traced back to 1955, with the current format of the CCZ being formed in 1975. It’s also worth noting that the CCZ Executive Director, Rosemary Mpofu, is a Commissioner of the CPC.

To promote consumer confidence, awareness, empowerment, and the development of a culture of consumer responsibility, through individual and group education, vigilance, advocacy and activism

The development of confident, empowered and responsible consumers can only be done through education and awareness campaigns. The CPC is largely unknown to the public. Many are still unclear as to their rights and responsibilities as consumers, as well as the available avenues of recourse open to them.

To provide for a consistent, accessible and efficient system of consensual resolution of disputes and redress arising from consumer transactions

As mentioned earlier, the CPC and its activities are largely unknown. Because of that, this causes a challenge to the consistency and accessibility part of this function. When there was public outcry over underweight, expired, and counterfeit goods flooding the “tuckshops”, the results of the CPC investigation were less-than-inspiring. It seemed like a slap in the face of consumers. Until the CPC flexes its muscles, the trust that it can perform this function will remain low.

To refer matters to and appear before any court of law, as permitted or required by this Act

Any matter which the CPC either can’t handle or has a criminal element must be referred to a competent court for adjudication. While the CPC has regulatory powers, there are some limits to those powers. If a complainant is unhappy with the outcome of an investigation, that case may be sent up the food chain to a court for appeal.

There are many more functions to go through and these will be dealt with in the next instalment as we breakdown this very important Act.

ALSO READ | The Consumer Protection Act: What we need to know

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Mike Murenzvi writes in his personal capacity and his views are not associated with any organisation he is, or may be, affiliated with.