allAfrica.com: Botswana: The Cheetah for Consumers (Page 1 of 1)

World Consumer Rights Day, celebrated every year on March 15, is a day established by Consumers International (www.consumersinternational.org.), an international federation of consumer groups, to recognise the rights of consumers and also to campaign for change and better public education.

The anniversary is based on a speech the late US President John F Kennedy gave in 1962 that some say started the modern consumer rights movement. In his speech Kennedy said that consumers deserved the right to safety, information, choice and the right to be heard.

"We believe very strongly in all of these things but more importantly we believe that like all rights, they are only worth having if the people demand them. Rights are not something people can be given, they are things that the people themselves must demand from their governments and their suppliers, whether it's a restaurant, a shop or anyone from whom they buy things," said Kennedy.

"We also believe that, while annual celebrations are a good opportunity to celebrate things, we mustn't forget that these rights are there for us 365 days a year, 24/7 (24 hours for seven days), not just one day a year." In preparation for Botswana's Consumer World Consumer Rights Day 2008 celebrations, earlier this week Pick 'N Pay staff at Molapo Crossing spent a couple of hours outside handing out leaflets explaining consumers rights and giving advice on the actions they can take when they feel their rights have been ignored.

The event organiser, Richard Harriman of Consumer Watchdog, said they chose the supermarket "because we enjoy a long relationship with Molapo Crossing's Pick 'N Pay staff, especially the director Bruce Milne, Consumer Advisor Gabotshwanelwe Gabatsoswe, Managers Sallies Botha and Olebile Pharithi. The team has consistently shown they really 'DO' understand about looking after their customers and has supported us in our efforts to help educate consumers on their rights. They have always understood that we are here not only to criticise the bad guys but to celebrate the good guys as well."

The chain shop has had more Consumer service star award winners than any other. But Harriman insists they "have no financial connection with Pick 'N Pay. We neither give nor receive anything from them other than moral support. However, we are always delighted to partner with them because they have consistently demonstrated their commitment to excellence." He said that, like any store, things occasionally go wrong but "we have always been very impressed by their willingness not only to apologise sincerely but to fix things with speed, great courtesy and, most importantly of all, a smile. They have developed a very loyal customer base and they are an example to other stores that often fall very short of their standards," said Harrison, adding that on several occasions "they have 'gone the extra mile'. Without seeking any publicity they have jumped in and helped to fix things, even when the problem is nothing to do with them."

Asked on who would be blamed for poor customer service in Botswana Harriman said: "Questions frequently asked include: Is it ours, yours and mine or entirely ours? If we allow stores to trample on us then we are to blame. Yes, there are decent stores which understand and welcome our rights and their obligations, places celebrated for good, compassionate customer service apart from Molapo Crossing Pick 'N Pay, such as Riverwalk's Primi Piatti and Spur, Kgale Mall Café Dijo, Barloworld Motor and some of the commercial banks. However, there are many stores and suppliers that will abuse us if they get the chance. The only way to stop this happening is for consumers themselves to stand up for their rights and simply not accept abuse."

What many Batswana do not know is that the Consumer Protection Act, of which the Consumer Protection Unit is the custodian of, is there to protect all against abuse by service providers. But non-governmental organizations, such as Consumer Watchdog, are sometimes forced to step in because CPU seems not to be actively engaged in consumer rights education campaigns. "They have enormous powers to protect us but they just don't seem to use them. We've heard that they believe that all they can do is mediate but this is simply not true," said Harrison, adding that CPU can summon people for questioning, seize documents and assets, demand that a supplier stops any behaviour they don't approve of, initiate court proceedings, declare business practices unlawful and can request the courts to appoint a curator, or in other words shut the company down!

But is it really Government's job? "We believe, very strongly, that this is NOT a job for government. They have power but they are too big, inflexible and slow to react. Consumers need a cheetah to protect them, not an elephant." Consumer Watchdog has become the cheetah. It runs weekly columns in The Voice and Mmegi to deal with weekly complaints and offer solutions.

They plan using the World Consumer Rights Day to strengthen the education campaign. What Harrison wants people to know is that the law protects the consumer, and they have effectively applied certain sections of the law to fight for the consumers. Some of "our favourites" from the Consumer Protection Regulations are Section 13 (1) (c) which says that if you are sold something new it really must be new, not second hand or used in any way. It can't be an imported second-hand cellphone or a demonstration model that has been repackaged. Section 15 (1) (a) says that a service you buy must be 'rendered with reasonable care and skill'. So that contract your lawyer writes for you or that insurance policy has to be done well, nothing amateur. Section 15 (1) (c) says that a supplier cannot sell you something that claims outcomes 'where those outcomes have no safe scientific, medical or performance basis'. Due to this legal requirement, almost all alternative health products are sold illegally as are half the products advertised on TV.

"Section 17 (1) (b) says that a supplier mustn't tell you that 'a part, replacement or repair is needed when it is not'. Your mechanic isn't allowed to say your car needs a new gearbox when it doesn't. Section 17 (1) (d) says a supplier simply isn't allowed to confuse you about your legal rights or what you can do to fix a problem. They can't say the law doesn't apply to them because they're South African, something we've heard before. Section 17 (1) (g) is a very powerful weapon in the fight against abuse. This clause says that a supplier mustn't take advantage of consumers inability to protect themselves because of 'inability to understand the language of an agreement' if they 'know or reasonably should know of the consumers inability'. Put more simply they are in trouble if they ask you to sign a contract in English when it's obvious you only speak Setswana. Can you imagine how many contracts are, therefore, invalid without people knowing?"

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