The Authority implements an Act that is believed to be very progressive and modern and there is optimism in the horizon that the sought-after consumer welfare will be a reality in the Botswana markets. The big question on everyone’s lips is whether consumers feel protected now that there is a law that protects them? Not necessarily! The law has to be implemented; consumers have to be aware of their rights and register complaints; businesses have to respect the rights of consumers; and unsolved consumer complaints have to go before the Competition and Consumer Tribunal for resolution. A peep into the files at the CCA shows that consumers have been coming forward to enforce their rights, every month hundreds of complaints are reported. A lot of these cases are not particularly complex, these are disputes which are invariably resolved at the first instance of the Authority’s intervention. Hundreds have been resolved to the satisfaction of both the business and the consumer. Some of these disputes are resolved within hours, days and up to a few weeks. A great majority of these are resolved by the Authority and do not need any intensive investigations and referral to the Competition and Consumer Tribunal. To instance examples, the CCA files reveal some typical complaints that were resolved during the Christmas break and these mirror a lot of the cases that come to the Authority on a daily basis. A dead new battery
A Mochudi man bought a car battery at a store in Gaborone and in less than a month, the battery was giving him trouble. The battery was unable to start his vehicle. He approached the store which did not want to refund the consumer nor to replace the battery. He was at his wits end. It was at this point that he approached the CCA. When the CCA contacted the battery store their attention was drawn to the provision that protects the consumers from unsafe and poor quality goods. The provision gives consumers the right to return purchased goods provided there are in a merchantable condition within six months of the purchase if the product does not satisfy requirements and in such instances the product can be replaced or the consumer refunded (Consumer Protection Act section 16;2).
