Its World Consumers Day: Consumers Reflect

Kesego Modongo | Tuesday March 15, 2022 06:00

Being the first world leader to formally recognise the plight of consumers and resultant rights that must be accorded in the market place. This led to the consumer movement across the globe marking the 15th of March every year since 1983 as a day to mobilise action on important issues and campaigns relevant and befitting to consumers.

The 15th of March is upon us and just like the previous years a bouquet of events and campaigns throughout the world by the consumer authorities and consumer activists, will be put together to push the consumer rights agenda forward. This day, the 15th March, presents an opportunity and platform for consumers to demand that their rights should be respected and protected.

Let us pause here to ask a rhetorical question, a question that should spur a consumer to reflect and take stock of themselves whenever they about to make that purchase, transaction or seal that deal. Consumer are the fuel to the market place, without them and their finances no commercial transaction will take place; and resultantly no suppliers would be in existence. Suppliers exist because of the demand that is brought to bear by consumers. To ensure that consumers spend their money; the persuasive activities of the suppliers through rigorous advertising and any other form of enticement will be overloaded to ensure that a consumer makes that purchase. On this day, 15th March, consumers are implored to fully reflect on the fact that there have authority to dictate the play; as they hold the power to choose.

The choice to either transact or not and with whom. As consumers celebrate the world consumer rights day let it also be a reflection on how they can improve their decision making by calling for more accountability from suppliers before committing to any sale. Let consumers unremorsefully reflect; by taking account of all transactions whereat they failed to fully require more and better particulars from a supplier in relation to a product or service before sealing the deal. Let the reflection continue and be sustained, painful as it may be on how as a consumer they were swayed by the cunning and unforgiving exploits of suppliers that pressurised them to make purchases without enough information or understanding of the terms and conditions relevant to the commodity.

You see! Consumers have fallen prey to exploits of suppliers; have become timid and crumbled on the face of the advances of suppliers as they are pushed into a forced sale. On this day, of consumer rights, let there be a reflection that consumers have power; and as the reflection continues, let it be imprinted that consumers can make a change and instead of being on the menu of suppliers; demand a seat at the table and a fair share of a just and reasonable business practices.

The new Consumer Protection Act has ushered in substantive legal protection in the form of heightening and modernising protection to consumers; and offering recourse and remedies in line with best international trends and thresholds in the event suppliers unfairly treat consumers. In our previous columns we tabulated the substantive provisions of the Act that safeguard interests of consumers in respect of online/ digital purchases. Remarkably, a question that invokes the international law practice always crops up. What if I make an online transaction with a supplier based/domiciled in Europe or a far flung from Botswana? What recourse will I have against such a supplier.

Well, in the event of unfair business practice it will be a very interesting case to deal with. Firstly, there is no international consumer protection authority with extra territorial jurisdiction. Secondly, there is also no international consumer protection law with extra territorial application. Interestingly though the consumer protection agencies in an effort to deal with cross border/ international issues have set up voluntary associations; membership of which is made of individual country agencies. This association facilitates amongst other things issues arising from cross- border unfair business practices.

A consumer in Botswana through an online platform purchases a commodity from a supplier based in France. Upon receipt of the goods, consumer realises that the goods are not what they were as advertised.

Obviously, consumers’ rights in terms of the Act are substantial and available. A consumer is entitled to cancel and seek refund and or replacement. But there is a problem as the supplier is not based in Botswana but elsewhere outside the clutches and jurisdiction of Botswana laws. What recourse and redress is available here? Noteworthy, the international network of agencies would be called on to play. Botswana consumer protection agency would notify its foreign based counterpart about the matter and seek a joint investigation; possibly resulting in a favourable outcome for the consumer.

The Act, process, procedures are available to ensure that a wronged consumer is recompensed to the extent of exploitation suffered at the instance of a rogue supplier. As celebrations of the world consumer rights day begin in earnest; it is also a worthy time for an honest reflection by a consumer; individually and collectively to reflect on where they can improve and fix so as to not always fall into the clutches of unscrupulous suppliers.