by Barbara Lopi
Consumer associations in the southern African sub-region, and Africa as a whole, run the risk of becoming irrelevant unless they seriously address issues of development and poverty.
At the African Conference on Consumer Protection held in Harare, participants agreed that Consumer associations in Africa should start addressing policies in their countries and rules of regional and international trade that impact on consumers.
For SADC member’s states, the introduction of Structural Adjustment Programmes (SAPs), make the issue of consumer protection a major concern. The introduction of SAPs have witnessed the removal of many basic commodities such as maize, the staple food in the region, from price-control lists.
Executive Director for Africa in Transition (AIT), Professor Yash Tandon, argued that for consumers to exercise their freedom of choice, basic conditions such as: peace, a certain degree of predictable political and economic stability, enough goods to buy on the market, and sufficient income or jobs that yield incomes, must prevail.
Presenting a paper on the challenges of consumer movements in Africa, Tandon said, in the absence of peace, political stability, or the other basic conditions, it was the role of the consumer associations to help create them.
“Gone are the days when consumer organisations could justify their existence merely by demonstrating to consumers the relevant cost and quality of different brands of tooth paste, or by protecting consumers from abuse of the market by retailers or manufacturers,” said Tandon.
Tandon emphasised that to be relevant, consumer movements in Africa should take on board issues of poverty, unemployment, SAPs, access to water and fuel, food security, and debt issues.
Participants also observed that the prevailing environment called for consumer movements on the continent to define goals within the context of historical, material and cultural reality.
A participant from South Africa said the conference was timely, to help influence change among the conservative consumer activists who tended to be urban-based and middle-class consumption oriented, “so much that for the bulk of the population of Africa they are irrelevant.”
The five-day conference, attended by over 30 African government representatives, consumer leaders from more than 36 countries, and other delegates from regional and international bodies, was the first of its kind to bring the various stakeholders together.
The conference was called to, among other things, familiarize governments with the UN Guidelines for consumer protection, and the Model Law for Africa, a dossier of existing laws and regulations in the continent. The Model Law was launched during the conference.
In countries where consumer law is more developed the Model Law will provide a point of reference against which existing laws could be evaluated.
Prepared by a team of legal experts representing the Southern, Central, Eastern, Northern and Western parts of the continent, the Model Law encourages governments to develop strengthen or maintain a strong consumer protection policy.
Since consumer problems transcend national borders, the guidelines in the Model Law place emphasis on regional and international cooperation in the field of consumer policy.
The conference was organised by Consumer International-Regional Office for Africa (CI-ROAF) and the UN department of policy coordination and sustainable development, with funding from European Union (EU) and the government of Zimbabwe.
Emma Bonino, a representative from the EU, called on government delegates to consider consumer protection activists as partners in development and help to strengthen the relatively new culture, of consumer protection.
The emergence of this culture is evident in the fact that countries in the southern African region are beginning to pass laws and create institutions that are central to consumer rights.
In the SADC region, the most notable step taken towards realising the need to make consumer redress measures easily accessible, is the establishing of small claims courts by Zimbabwe and South Africa.
Small claims courts are more informal than the regular courts of law and this enables private citizens to bring cases to court without the assistance of lawyers.
The presiding officers, in the Zimbabwean case, or the commissioners in the South African case, play more active and inquisitory roles than they would in an ordinary court of justice.
“These officers, who are themselves lawyers, get a chance to lead evidence from litigants and ask the necessary questions, a role they would not be allowed to play in an ordinary court of justice,” explained Petronella Maramba, Consumer Consultant in Zimbabwe.
At the conference, consumer organisations were urged to lobby government leaders in their respective countries to adopt and implement aspects of the Model Law which are universally applicable such as the establishment of small claims courts.
Governments were also advised to introduce consumer education programmes in school curriculum at elementary, secondary and University levels. South Africa is the only country Africa where consumer education is included in the school curriculum at elementary and secondary level.
As African governments embark upon the liberalisation of their economies, the conference recommended that consumer representatives be included in the decision-making processes of all matters that might affect consumers to ensure their rights are protected. (SARDC)
