The global phenomenal growth of consumerism has led to many jurisdictions developing and improving their consumer protection laws. On 10 December 2019 the Consumer Protection Act [Chapter 14:14] was gazetted as an Act of Parliament No. 5 of 2019. The Act came into force as law on that date, a reflection that the Zimbabwe legislature is not only following in the footsteps of many developed countries, but also aligning itself with United Nations and European Community guidelines on consumer protection.
THE CONSUMER PROTECTION ACT [CHAPTER 14:14]

Overview

The primary objective of the Consumer Protection Act (CPA) is to protect the consumer of goods and services by ensuring a fair, efficient, sustainable and transparent market place for consumers and business through the establishment of the Consumer Protection Commission and to provide for the regulation of Consumer Advocacy Organizations whilst providing the enforcement mechanism of consumer rights and repealing the Consumer Contracts Act.
It aims to:

• Protect the consumer of goods and services by ensuring a fair, efficient, sustainable and transparent market place for consumers and business;
• Establish national norms and standards to ensure consumer protection;
• Make provision for improved standards of consumer information, to prohibit certain unfair marketing and business practices;
• Provide an alternative dispute resolution;
• Promote a consistent legislative and enforcement framework, related to consumer transactions and agreements;
• Establish the Consumer Protection Commission and repeal the Consumer Contracts Act [Chapter 8:03].
• The Consumer Protection Act applies to the following: (section 3)
• Every transaction occurring within the Zimbabwean jurisdiction;
• Promotion or supply of any goods and services occurring within Zimbabwe; and
• Goods or services that are supplied or performed, in Zimbabwe, in terms of transactions mentioned in the Act
• The Act is not applicable in respect of:
• Goods or services promoted or supplied to the State;
• Any transaction where the consumer is a juristic person whose asset value or annual turnover at the time of the transaction equals or exceeds the threshold value determined by the Minister;
• Transactions within an exemption granted by the Minister;
• A contract of employment and services under employment contracts;
• Transactions for the sale, letting or hire of immovable property

Who is a ‘Consumer’?

In terms of section 2 of the CPA, a consumer is a person to whom goods or services are marketed, who has entered into transactions with suppliers, users of particular goods or recipients/beneficiaries of services.

What are Consumer Rights?

The Bill of Rights enshrines the rights of all Zimbabweans – including those rights which have a bearing on consumers. The CPA further outlines key consumer rights, of which all Zimbabwean consumers should be aware. These include the following:
1. The right to consumer education (Section 9)
2. The right to health and safety. (Section 10 to 17)
3. The right to choose. (Section 18 to 25)
4. The right to information (Section 26 to 32).
5. The right to be heard, representations and redress. (Section 33 to 34)
6. The right to fair contractual agreements. (Section 35 to 51)

Key aspects covered by the Consumer Protection Act

Below are some of the key aspects covered by the Act.

Enforcement of consumer rights

Consumers now have the powers under the CPA to enforce their rights. The Act also makes provision for enforcement of consumer rights in addition to recourse to courts of law, both civil and criminal.
These include a Consumer Protection Commission (CPC), Consumer Protection Advocacy Groups, provision for other consumer protection organizations and consumer protection officers.
The CPA essentially allows any person who has failed to have their dispute resolved through alternative resolutions to approach the CPC in the prescribed manner and form, concerning the dispute.

Establishment of the Consumer Protection Authority and Commission

The functions of the CPC will be essentially to promote, enforce and protect consumer rights in the country. As such, the powers of the CPC cover a variety of aspects regarding consumers.
These include protecting consumers from unconscionable, unreasonable, unjust or otherwise improper trade practices; as well as deceptive, misleading, unfair or fraudulent conduct; promote fair business practices; co-ordinate and network consumer activities and liaise with consumer organizations and the competent authorities and agencies locally and outside Zimbabwe to protect consumer interests.
Other key functions include providing a consistent, accessible and efficient system of consensual resolution of disputes and redress arising from consumer transactions; negotiate and conclude undertakings and consent orders; and issuing and enforcing compliance notices. The CPC will also be able to receive, investigate and prohibit businesses following consumer complaints.

Penalties against anti-consumer practices

Many consumers have been complaining to the government or the CCZ of being unfairly treated by businesses. The new CPA, under sections 78 to 81, provides for penalties against anti-consumer practices. As such, the provisions of these sections make it an offence for any business or person not to comply with the CPC or court.

Establishing guidelines for e-commerce

Technological advancement has paved way for a new global phenomenon called electronic commerce. The convergence of internet technology and ICT has seen consumers increasingly transacting electronically.
Part IV of the CPA which deals with provisions for electronic transactions affords consumer protection to those consumers who transact electronically. Under this section a consumer must have full information of the products being sold or hired online and the supplier of goods and services must protect personal information of online consumers. The Act further introduces cooling-off periods in electronic transactions which allow a consumer the ability to opt out of an agreement if it is within the prescribed time limit.

Conclusion

The CPA is the result of a long process of reform and development in the field of consumer protection in Zimbabwe. The CPA affects the relationships between consumers and businesses. The Legislature has made a historical achievement by enacting the Consumer Protection Act, a law that finally enforces and protects consumers in different marketplaces where some entities and persons seek to gain added wealth through shrewd or potentially manipulative use of resources.