With the Consumer Protection Commission (CPC) now in full swing, our News Editor Tendai Kamhungira (TK) sat down with the commission’s CEO Zororo Muranda (ZM) to discuss its mandate as well as its future plans. Below are excerpts from the interview:
TK: Congratulations on your new position! Can you kindly tell us what is the Consumer Protection Commission (CPC)?
ZM: Thanks, Tendai. The Consumer Protection Commission was established by the government through the enactment of the Consumer Protection Act (Chapter 14: 44) in December 2019. It is a commission operating under the ministry of Industry and Commerce. Its governance is under a body of commissioners that was appointed by… the President of the Republic… Emmerson Mnangagwa, as applies to all public entities. The Consumer Protection Act came into being following the repeal of the Consumer Contracts Act (Chapter 8:03).c
TK: This commission was put in place in 2021, has it started operating?
ZM: Yes, the commission has started operating although at a relatively low level. What is now taking place is the upscaling of the development and reach of the commission. Starting this year, you will see major outreach programmes being undertaken by the commission covering all corners of the country. The commission may have taken time to be very visible simply because this is a totally new entity. Consumers should not despair.
A lot has been taking place behind the scenes. Building a robust entity worth the trust of the public sometimes takes time. This is a commission built to serve consumers and business markets into the unforeseeable future. Remember, where there are consumers, there will always be business markets and there must be mechanisms to monitor and attend to breaches of consumer rights that occur in the markets.
You will notice that every country worldwide has a consumer commission mandated by the state to perform that oversight role. The Second Republic has now adopted consumer protection as one of its programmes through the ministry of Industry and Commerce, emphasising the seriousness of the issue to all of us. After all, 16 million of us are consumers. Fairness in transacting should be the watchword, isn’t it?
TK: What is CPC’s mandate?
ZM: The mandate of the Consumer Protection Commission is to protect the consumers of goods and services by ensuring a fair, efficient, sustainable, and transparent marketplace for consumers and businesses. It sounds like a simple mandate but very important for every consumer, business, of course, the country if we are to attain upper middle-income status by 2030.
Let me take this opportunity to explain what differentiates the commission from all other entities whose interests have to do with consumer welfare. The first thing is that we are a state entity with oversight over consumer protection in the country. You will also notice that within the mandate I spelt out earlier there is an emphasis on protection. Central to everything else the state protects its people. Consumers are what make the economy flourish.
The public should know that the state means business by ensuring that consumers and businesses shall be protected from unconscionable, unreasonable, deceptive, and unfair business practices. The ideal situation is that consumers and businesses should engage in any legal form of transaction and the outcome is a win-win. In fulfilling the mandate of the commission, the Act provides for the enforcement of consumer rights and will bring offenders to book. The enforcement of consumer rights and compliance with the law, to the extent envisioned by Parliament, is the core of what defines the Consumer Protection Commission. It’s what the commission is there to do, in addition to extensive awareness throughout the country. We only come in to enforce compliance when there is a proven breach.
TK: Is your mandate only confined to Zimbabwe?
ZM: Yes, our mandate is confined to Zimbabwe. However, where enforcement of compliance involves another jurisdiction, i.e. another country, the commission should have a memorandum with the corresponding commission of the other country. The law allows the commission to liaise with any foreign or international authorities having objects similar to the functions and powers of our commission. Secondly, but more important the line minister may assign the commission duty to exchange information with a foreign authority in terms of an international agreement relating to the mandate of the commission.
TK: Does your mandate cater for business as well?
ZM: Definitely. Consumers have a responsibility too. It is not a one-sided affair. Whilst there is so much emphasis on protecting the consumer, we also have to ensure businesses are not swindled by unscrupulous consumers. As a commission, we have to ensure consumer markets have to function with fairness at all times. The coming in of the commission should serve both the consumer and the business. We have to manage to the barest minimum or to non-existent, issues of unfair business practices. This can only involve continuous communication at different fora with both sides of the consumer markets ecosystem. Awareness campaigns shall also involve workshops with business people. We will use all forms of media to also disseminate the message of consumer protection to the business community. We have both a legal and moral duty to keep both sides informed.
TK: What happens to a party that is found guilty of any offence?
ZM: Offences are at different levels. The commission may issue a compliance notice to a producer, supplier, or retailer of goods and services concerning prohibited conduct regarding the safety and /or quality of goods and services. Important to note is that businesses found guilty of an offence may be liable to a fine or imprisonment or both depending on the seriousness of the matter. Obviously, the latter should be considered the last option. The commission is there to provide oversight on consumer protection issues and imposition of penalties should be considered a last resort. The commission encourages businesses to be compliant to avoid embarrassing encounters.
TK: How does one contact or get in touch with CPC if they have any grievances?
ZM: We are in the process of setting up a call centre dedicated to consumer complaints. In addition, consumers can contact us through our Facebook or Twitter pages.
TK: The local consumer is bearing the brunt of deteriorating standards in goods and products, especially imports. Are there any plans to force manufacturers and distributors to adhere to regulated standards?
ZM: Yes. Going forward the commission will be deploying inspectors to enforce compliance. Products that do not meet standards do not deserve shelf space. Those selling products found to flout standards may be fined or stiffer penalties may be imposed.
TK: There are a number of local firms producing sub-standard goods and products, how big a problem is it to enforce compliance with regulatory standards?
ZM: Let me start by saying consumers have a right to fair value, good quality and safety of goods and services. A business is prohibited from selling goods or services that do not conform to quality standards prescribed in accordance with the law. It is true there are some businesses producing goods that do not meet standards. This is an area that the commission will be vigorously enforcing. In addition to the commission, there are sister agencies that focus on product standards that are and will be concerned with product standards going forward. This applies to both locally produced and imported products. Serious breaches may result in products being pulled from the shelves.
TK: Are there any consumer awareness and education programmes lined up for this year?
ZM: Yes. There are major awareness programmes lined up for 2023. We are starting with provincial roadshows this February. We will cover both urban and rural areas. We will also be undertaking educational programmes using different media platforms in different languages. As the government has emphasised, we leave no one behind. After all, every one of us, young, old, rural or urban are consumers.
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