Suppliers Must Display the Price of Goods and Services

Suppliers are mandated by the Consumer Protection Act to provide information which is accurate, clear and complete in relation to goods and services offered to consumers. The information provided about the goods or services must include the characteristics of the goods or services being; the price of the goods or services, the instructions to use the goods or services, the warnings as to any risks in the maintenance of the goods or services, and the terms for the supply of the goods or services.

According to the Act, a supplier shall not display goods or services without displaying the price of the goods or services, and the price shall be displayed in Pula currency. It must also be displayed in clear and legible letters on the goods or services; and in a prominent position where the goods or services are being supplied. Furthermore, the price of goods or services shall be deemed to have been adequately displayed if a written indication on the price is annexed to, printed, stamped or located upon the goods or services sold; represented in a manner which may reasonably be inferred that the price is the price applicable to the goods or services in question; or published in relation to the goods and services in a catalogue, brochure or any publication presented to a consumer at a particular time. Often consumers find the price of goods displayed at the shelves and then when they get to the till for payment the price is not the same. The Consumer Protection Act expressly states that a supplier shall not charge a consumer more than the price indicated or displayed for goods or services.

Still on product labelling, a supplier selling a product to a consumer is mandated to attach a label on the product as required by the mandatory safety standards on labelling of goods for the relevant class of goods set by the Botswana Bureau of Standards (BOBS) or any other international body recognised by BOBS.

The Act further prohibits deception stating that a supplier shall not apply a trade description to goods that is likely to mislead consumers as to any matter expressed in the description, and also shall not alter or remove a trade description or trade mark applied to any goods in a manner calculated to mislead consumers.

 “A supplier who offers any goods that have been reconditioned, rebuilt or re-made; and bear the trade mark of the original producers, shall label the goods, stating clearly that the goods have been reconditioned, rebuilt or re-made, as the case may be.

A supplier who offers used goods shall inform a consumer that the goods sold are used goods by placing a label on the goods that indicates that such goods are used goods and placing a notice on the invoice issued to a consumer,” the Act states.

 The Act defines "used goods" a goods that have previously been supplied to a consumer, but does not include goods that have been returned to the supplier in terms of any provision of the Act.  A supplier who contravenes this section; or sells or offers for sale, used goods that are not safe for use, commits an offence and shall be liable, upon conviction, to a fine not exceeding P50 000 or to imprisonment for a term not exceeding three years, or to both.

The Competition and Consumer Authority promotes consumer welfare by ensuring compliance with the Act on display of prices as well as product labelling. The Authority routinely carries out business inspections and if non-compliance is encountered, appropriate sanctions are taken against such businesses. The Authority often collaborates with other relevant stakeholders such as the Botswana Police Service, BOCRA, as well as city and town councils to conduct joint inspections. For offences outside its mandate, the Authority engages implementers of the infringed law for appropriate action. Between July, August and September 2021, the Authority carried out a total of 217 business inspections with regard to price display and labelling around the country, and some businesses were found to be non-compliant.