a tripartite report - Unctad

130 VOLUNTARY PEER REVIEW OF CLP: A TRIPARTITE REPORT ON THE UNITED REPUBLIC OF TANZANIA – ZAMBIA – ZIMBABWE
The Commission was however impressed with the receptive approach shown by the consumers in the Province
through their willingness to learn as much as they could about the rights and obligations as well as they can be
assisted when unfairly treated by a trader. The traders also were not hostile but accommodated the Commission’s
views and asked as many questions as they could about the Competition and Consumer Protection Act.
tors.
They pointed out the need to expedite the devolution of the Commission’s powers in order to ensure that
the efforts of the Commission’s work through the inspectors are not diluted by augmented/cemented. The idea
of working with the Councils is something that the Commission has done before and has worked well as it has no
presence in all the nine Provinces and hence consumers are at times denied quick resolution to their complaints
There are Market Associations in the districts whose members’ participation in the inspections was very useful as
they are well known by traders and they in turn know the activities of the traders and are able to easily point to
the problematic traders. The members of the Association are more than willing to support the Commission in its
future enforcement/awareness activities. The Commission may appoint Association members as inspectors to have
presence in the markets as well.
Out of the 563 trading premises visited, only 10 per cent still had disclaimers displayed either on the wall or on the
receipts, indicating that the levels of compliance of the law is quite good. This is however not to say that the inspections
will not be conducted again as the Commission is striving to have hundred percent compliance among traders.
Over 500 consumers were sensitized on their rights with emphasis on their protection against the display of
disclaimers. The Commission will continue its provincial sensitization and enforcement tours to ensure that all
consumers get to know about their rights and obligations and how they can seek redress. The traders also should
for in the law.
ence
in their districts to learn more about their rights, obligations and how to lodge complaints with the Commission.
Source: The Post, 17 October 2011
The Commission’s attempts at publicizing unfair
trading practices in the economy have however
not been welcomed by some of the offending par-
Box 13: Supply by Zambian Breweries of Product Likely to Cause Injury or Health or
Physical Harm or Which Does not Comply with a Consumer Safety Standard
This is a case in which a consumer bought a crate of Castle Lager beer and found one bottle with a foreign matter,
namely, a K50 note. The supply of the product in its reported format was contrary to section 237(f) of the Penal
Code as read with section 12e of the Competition and Fair Trading Act, Cap 417 of the Laws of Zambia and section
3 of the Food and Drugs Act, Cap 303 of the Laws of Zambia.
The Commission instituted court proceedings against Zambian Breweries Group.
Source: CCPC 2010 Annual Report
The judgment of the Magistrates Court, which was
delivered on 14 October 2010, found Zambian
Breweries Group guilty as charged after the Magistrate
noted that “it is my considered view that there
is overwhelming evidence that the produce contained
a foreign matter which is contrary to Section
3 of the Food and Drugs Act. Cap. 303 of the Laws
of Zambia, which prohibits the sale of any food
ties, and have even resulted in threats of legal action.
The case, which involved the Zambian Brew-
product that consists in whole or in part any foreign
tion.
It is a fact that P1 (the sealed bottle of beer)
was intended for human consumption, and it is a
fact that the product contained a foreign matter in
form for a K50.00 note. This rendered the product
comply with the consumer safety standards”.