Consumer Rights Under the Consumer Protection Act

Right to Information on Goods and Services: Suppliers are mandated by the Consumer Protection Act to provide information which is accurate, clear and complete, and in plain and understandable language. The prices of goods and services must be displayed in Pula currency. If you walk into any shop and the prices are not displayed, or are displayed in the currency of another country, it means that the business is violating the law.

Right to Demand Quality Service: Where a supplier undertakes to supply goods or services to a consumer, the consumer has a right to demand quality service. This includes timely performance and completion of those services, and timely notice in case of any unavoidable delay in the provision of those goods and services.

Right to Safe and Good Quality Goods and Services: As a consumer you are entitled to receive goods which are safe and of good quality, in good working order and free of defects unless the opposite is clearly disclosed. Goods supplied must conform to the mandatory standards set by the Botswana Bureau of Standards (BOBS) or other international bodies recognised by BOBS. The Competition and Consumer Authority may recall from the market unsafe goods, or goods that do not conform to the mandatory safety standards.

Right to Fair Contracts: The law prohibits unfair, unreasonable or unjust contract terms. A contract would be considered unfair, unreasonable or unjust if it was arrived at by means of duress, or the consumer was given false, misleading or deceptive representation about the goods or services; also if the terms or conditions were not brought to the attention of the consumer, or positioned in such a way that they would not be obvious to any ordinary consumer. If a supplier does not explain the terms and conditions of the contract before a consumer signs it, they are contravening the law. A contract that contravenes the provisions of the Consumer Protection Act shall not be enforceable against a consumer

Right to Repair/Replace/Refund: As a consumer you may return goods to a supplier within six months in their original state without penalty, if the goods fail to satisfy quality requirements and standards. Where a consumer has returned goods to a supplier in accordance with provisions of the Act, the supplier is mandated to Repair or Replace the defective goods or Refund the consumer the amount already paid. Furthermore, there is implied warranty for the goods supplied. If you walk into any shop and you are denied Warranty for goods that qualify for it, know that the supplier is contravening the law. You have to demand the warranty, or report to the Authority if it is still denied.

Right to be Heard: The above-mentioned consumer rights provided for under the Consumer Protection Act means that businesses are obliged to respect those rights when they deal with consumers in the supply of goods and services. This also means that if any of the rights stated above are not respected, consumers should be given an audience by the business when they complain.