THE Zambia Competition Commission (ZCC) has said the new Competition and Consumer Protection Act (CCPC) makes it a punishable offence to display disclaimers such as ‘No Return, No Refund’ in trading places.
The CCPC Act No .24 of 2010, which is yet to be operational, prohibits such disclaimers which consumers have complained about.
[pullquote]“Zambia is one of the countries that have a lot of defective products on its market and it has been unfair for traders to deny consumers refunds or exchange even for defective products,” she said.[/pullquote]
ZCC public relations officer, Vaida Bunda said Section 48 (1) of the Act states that “an owner or occupier of a shop or other trading premises shall not cause to be displayed any sign or notice that purports to disclaim any liability or deny any right that a consumer has under the Act or any other written law.”
In a statement in Lusaka yesterday, Ms Bunda said the commission had within the mandate of the current Act been unable to prevent traders from displaying such disclaimers even where the goods sold were of questionable quality as the law was reactive.
“Zambia is one of the countries that have a lot of defective products on its market and it has been unfair for traders to deny consumers refunds or exchange even for defective products,” she said.
The new law, she said, was more proactive and would make it easier for the commission to handle cases of defective products because traders would be expressly prohibited to display the disclaimers.
The CCPA also makes it a punishable offence to display such disclaimers. The Act states that the person who or an enterprise which contravenes subsection (1) was liable to pay the commission a fine not exceeding 10 per cent of that person’s or enterprise’s annual turnover.
[Times of Zambia]
This is a welcome development. But the concerned authorities should go ahead and enforce the act. Enforcement is a major problem in Zambia, we have all these acts and regulations in place but they are not enforced I just hope this act when it comes in to effect will be enforced. Traders bring in fake goods here because they know they wont be liable for refunds or exchanges. Zambians have been robed by crooked traders for a long time. 95% of electronic products on the Zambian Market is not genuine, believe me. Further ZRA should improve on the collection of vat from shop owners, they have stolen from the govment for a long time because there is no f00l proof mechanisms to make traders accountable, instead it is the poor worker in the formal sector who suffers through high taxations.
This is a welcome development. Shop owners have been defrauding us by selling defective goods even instances were they know that the goods have defects. ZCC must now compil South Africa to stop sending goods label with competition in which Zambia as a country was not eligible.
Viva consumer rights!
Its a welcome law!!
We are moving in the right direction!
Slowly but sure we will get their, this is one of the better ways of puting money into people’s pockets by ensuring that they return defective products without spending extra money to buy a similar or same product twice. This is a welcome move to protect consumers from businessmen who are only interested in making profit with no regard to the consumer’s satisfaction.
this is the best thing that has happen in zambia this year. this law will force traders to be accountable. it will improve the quality of goods and protect the consumers. man this is great.
Its a good thing but i wonder whether the issue is simply about DISPLAYING those words. What the law should state further is that both the display and failure to attend to a genuine compliant from a Customer who has bought a good or service from a trading place is an offence and punishable. Reason – A Trader may not display but in practice REFUSE to accept a return of a defective product.
That is welcome,but much will need to be done to make sure that consumers are aware of their rights.Also,they need to know where to report complaints in all towns and rural settlements.
Kokoliko!!! Kwacha!!!
#7 Good comment. That is the issue. The consumer has suffered so much.