EFFECTIVE COOPERATION WITH
Download
1 / 14

CONSUMER LAW PROTECTION A Development guide Hong Kong Congress, May 2011 by Robert Michel [email protected] - PowerPoint PPT Presentation


  • 136 Views
  • Uploaded on

EFFECTIVE COOPERATION WITH THE MEDIA. CONSUMER LAW PROTECTION A Development guide Hong Kong Congress, May 2011 by Robert Michel [email protected] Robert Michel Praia February 2011. CONSUMERS INTERNATIONAL. consumersinternational.org. Background to the Project.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'CONSUMER LAW PROTECTION A Development guide Hong Kong Congress, May 2011 by Robert Michel [email protected]' - emory


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Slide1 l.jpg

EFFECTIVE COOPERATION WITH

THE MEDIA

CONSUMER LAW PROTECTIONA Development guideHong Kong Congress, May 2011by Robert [email protected]

Robert Michel

Praia

February 2011

CONSUMERS INTERNATIONAL

consumersinternational.org


Background to the project l.jpg
Background to the Project

  • Many African countries have enacted consumer laws since 1996

  • And while South Africa f.e. boasts one of the most progressive consumer laws, neighbouring countries like Namibia, Lesotho and Swaziland have none

  • The regional body SADC has nobody in charge\ to look after consumers

  • With all of the above in mind OSISA expressed an interest to improve the above situation.

consumersinternational.org


Slide3 l.jpg
Illiteracy levels in Southern Africa are coupled with a relatively low population density of 23.5 people per square kilometre

  • the SADC region is a scattered, largely underserved market

  • the SADC region is a very poor region; some 45 % of all people in SADC live on 1 US $ a day

  • Increased difficulties exist in accessing and solving consumer abuses

  • the poor in general and poor people living in rural areas in particular often have a “poverty premium” to pay for goods and services that are generally of less quality than in urban areas

consumersinternational.org


Illiteracy rate among 15 to 24 year olds in assorted sadc countries unesco 2006 l.jpg
Illiteracy rate among 15 to 24 year olds in assorted SADC countries UNESCO 2006

  • Botswana 6.2 %

  • DR Congo 7.2 %

  • Lesotho 5.8 %

  • Madagascar 11.4 %

  • Malawi 19.4 %

  • Mauritius 3.2 %

  • Mozambique 23.6 %

  • Namibia 4.4 %

  • South Africa 5.6 %

  • Swaziland 4.7 %

consumersinternational.org


The resulting product l.jpg
The resulting product: countries

A guide to developing

Consumer law protection

Contents

  • page 7 Introduction

  • page 8 Consumer protection regulation

  • page 9 Is consumer protection a right or a policy?

  • page 9 The consumer in the SADC region

  • page 10 The regulator and the market

  • page 11 Private law or public law?

  • page 12 Benchmarking international regulations

  • page 14 Databases for foreign regulation

  • page 14 Checklist: a tool for comparative analyses

  • page 17 Regulatory assessment

  • page 18 Needs analysis and indicators for success

  • page 20 Key issues

  • page 20 Institutional framework for consumer protection

  • page 21 The challenge of utilities regulation

  • page 22 Financial services

  • page 23 Access to redress

  • page 25 Tools for legal advocacy

  • page 25 Targeting the audience for lobbying

  • page 27 Partners, potential donors and fundraising

  • page 30 References

consumersinternational.org


Benchmarking best practice l.jpg
Benchmarking Best Practice countries

  • Don’t make a leap of faith and assume there are no regulations or no laws

  • Always do your own due diligence on others’ ‘best practice’

  • Do you need to harmonise or to co-ordinate with other states?

  • Start with comparative law research (check SADC, EAC, COMESA, WTO treaties, national constitutions, sectorial laws, laws that would allow for redress (civil procedures, legal aid…)

consumersinternational.org


A guide to consumer law protection was needed in southern africa l.jpg
A Guide to Consumer Law Protection was needed in Southern Africa!

But what is a Consumer Protection Law?

  • Consumer protection can be treated as an extension to criminal law

  • Consumer protection is also implied in the contract process (it is assumed that each party to the contract will do everything in its power to honour the agreement)

  • Consumer Protection can also be seen as a civil or human right

consumersinternational.org


Checklist for comparative research analysis l.jpg
Checklist for comparative research analysis Africa!

  • Lawmakers and regulations under drafting

  • Legal sources for consumer protection

  • Commercial practices and advertisement regulations

  • Form of contracts

  • Regulation of contract content and legislation on liabilities and guarantees

  • Competition Law

  • Specific Industry regulations

  • Dispute resolution mechanisms and resources

  • Other generic consumer issues

  • Other related rights

consumersinternational.org


Be aware l.jpg
Be aware Africa!

Legislative tools are often in place on paper but are not enforced often due to a combination of or lack of

  • Will

  • Funding

  • Legislative clarity

consumersinternational.org


Key issues for a consumer protection framework l.jpg
Key issues for a consumer protection framework Africa!

  • Independence

  • Enforcement of existing regulations (are there consumer protection agencies and how well do they function?)

  • Consultative activities for future regulators

  • Consumer advisory councils and committees

consumersinternational.org


Redress mechanisms are at the core of all consumer protection regulations l.jpg
Redress Mechanisms are at the core of all consumer protection regulations

In the SADC region business – to – business redress

in 2010 was as follows (extremely optimistic):

  • Number of procedures to enforce a contract

    • 37.1 procedures

  • Total time to enforce a contract

    • 645.1 days

  • Costs

    • 52 % of the total value of the claim

      For the average consumer delays are usually too long and can cost up to 100 % of the claim and can thus become a barrier to redress and thus justice

  • consumersinternational.org


    Apart from the courts l.jpg
    Apart from the Courts protection regulations

    Consumer can seek justice and redress through

    • Sector ombudsmen

    • Statute-based tribunerals

    • Chambers of Commerce

    • Class action

    • Standing regulations

    • Effective legal aid

    consumersinternational.org


    Lastly the guide provides l.jpg
    Lastly…. The guide provides protection regulations

    • Tips where one can get legal support

    • The guide provides some international contacts

    • As well as some foundations one can approach for funding

    consumersinternational.org


    The end l.jpg
    The End protection regulations

    consumersinternational.org


    ad