Consumer Protection Act [Chapter 14:14]

Consumer Protection Act [Chapter 14:14]

ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section
1. Short title.
2. Interpretation.
3. Application of Act.
PART II
Establishment, Functions and Powers of Consumer Protection Authority
and Commission
4. Establishment of Consumer Protection Commission.
5. Composition of Commission.
6. Functions of Commission.
7. Accreditation of Consumer Protection Advocacy Groups.
8. Suspension or cancellation of accreditation.
PART III
Fundamental Consumer Rights
Sub-part a: right to education
9. Right to consumer education and awareness.
Sub-part b: right to health and safety
10. Right to fair value, good quality safety of goods and services.
11. Implied warranty of quality.
12. Warranty on repaired goods.
13. Warning concerning fact and nature of risks.
14. Recovery and safe disposal of designated products or components.
15. Safety monitoring and recall.
16. Liability for damage caused by goods.
17. Defences.
Sub-part c: right to choose
18. Right to choose and choice of goods or services.
19. Consumer’s right to select suppliers.
20. Consumer’s right to cancel advance reservation, booking or order.
21. Delivery of goods or supply of services
22. Unsolicited goods or services.
23. Expiry and renewal of fixed-term agreements.
24. Pre-authorisation of repair or maintenance services.
25. Consumer’s right to cooling-off period after direct marketing.
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Sub-part d: right to information
26. Right to disclosure of information regarding goods or services and disclosure or
prices.
27. Disclosure by intermediaries.
28. Disclosure of reconditioned or grey market goods.
29. Identification of deliveries, installers and others.
30. Right to noticeable and legible information in plain and understandable language.
31. Product labelling and trade descriptions.
32. Sales records.
Sub-part e: right to be heard, representations and redress
33. Right to be heard, access to justice and redress.
34. Consumer’s right to return goods.
Sub-part f: right to fair contractual agreements
35. Right to fair and honest dealing and protection from unconscionable conduct.
36. False and misleading representations.
37. Fraudulent schemes and offers.
38. Consumer’s right to assume supplier is entitled to sell or supply goods or services.
39. Auctions.
40. Over-selling and over-booking.
41. Unfair, unreasonable, and unjust contract terms.
42. Disclaimer clause.
43. Notice required for certain terms and conditions.
44. Written consumer agreements.
45. Powers of court to enforce fair and just terms and conditions.
46. Relief against unfair consumer contracts.
47. Changes, deferrals, waivers, and substitution of goods.
48. Right to confidentiality and privacy.
49. Right to restrict unwanted direct marketing.
50. Regulation of time for contacting consumers.
51. Supplier’s responsibilities.
PART IV
Electronic Transactions
52. Information to be provided.
53. Cooling-off period in electronic transaction.
54. Unsolicited goods, services or communications
PART V
Consumer Protection Organisations
55. Designation of consumer protection organisations.
56. Consumer protection officers.
57. Application for registration as consumer protection officers.
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58. Powers of consumer protection officers.
59. Prescription of disputes.
60. Effect of reference to arbitration.
61. Reports to Minister by consumer protection organisations.
62. De-registration of consumer protection organisations.
63. Renewal of certificates by consumer protection officers and arbitrators.
64. De-registration of consumer protection officers and arbitrators.
PART VI
Enforcement of Rights
65. Enforcement of rights by consumer.
66. Enforcement of rights by Commission.
67. Powers of court to enforce consumer rights.
68. Compliance notices.
69. Objection to compliance notices.
70. Appointment of inspectors and investigators.
71. Outcome of investigation.
72. Consent orders.
73. Interim relief.
74. Powers of entry, inspection, etc.
75. Conduct of entry and search.
76. Commission to provide assistance to inspectors or investigators.
77. Summons.
PART VII
Offences and Penalties
78. Offences in relation to disclosure of confidential information.
79. Offences relating to the commission or court.
80. Administration fines.
81. Vicarious liability.
PART VIII
Financial Provisions
82. Funds for Commission.
83. Investment of monies not immediately required by the Commission.
84. Financial year of commission.
85. Accounts of Commission.
PART IX
Miscellaneous Provisions
86. Minister may give policy directions.
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87. Regulations with Regulators.
88. Reports of Commission.
89. Exemption from liability.
90. Appeals.
91. Regulations.
92. Repeal of Cap. 8:03, transitional provisions and savings.
Section
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Printed by the Government Printer, Harare
ACT
To protect the consumer of goods and services by ensuring a fair, efficient,
sustainable and transparent market place for consumers and business; to
provide for the establishment of the Consumer Protection Commission
and its functions; to provide for the regulation of Consumer Advocacy
Organisations; to provide for alternative dispute resolution; to repeal
the Consumer Contracts Act [Chapter 8:03]; and to provide for matters
connected therewith or incidental thereto.
ENACTED by the Parliament and the President of Zimbabwe.
PART I
Preliminary
1 Short title
This Act may be cited as the Consumer Protection Act [Chapter 14:44].
2 Interpretation
(1) In this Act—
“accreditation” means the process of vetting and officially recognising a
consumer protection advocacy group as a partner to the Commission in
consumer related activities;
“accredited consumer protection advocacy group” means a consumer protection
advocacy group accredited by the Commission in terms of section 7;
“Commission” means the Consumer Protection Commission established in
terms of section 4;
ZIMBABWE
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“business” means the continual marketing of any goods or services;
“complainant” means—
(a) a person or group which has filed a complaint in terms of this Act;
or
(b) the Commission in respect of a complaint it has initiated either
directly or at the request of the Minister or a regulatory authority,
as the case may be;
“consumer” in respect of any particular goods or services, means—
(a) a person to whom those particular goods or services are marketed
in the ordinary course of the business of the supplier or service
provider;
(b) a person who has entered into a transaction with a supplier or
service provider in the ordinary course of the business of the
supplier or service provider, unless the transaction is exempt from
the application of this Act in terms of section 3;
(c) if the context so requires, a user, recipient or beneficiary of those
particular goods or services, irrespective of whether that user,
recipient or beneficiary was a party to a transaction concerning the
supply of those goods or services;
(d) any person, subject to section 3, who purchases or offers to purchase
goods or services supplied by an enterprise in the ordinary course
of business and includes a business person who uses the product
or service supplied as an input to its own business, a wholesaler, a
retailer and a final consumer;
(e) any person who purchases or offers to purchase goods or services
otherwise than for the purpose of resale but does not include a person
who purchases goods or services for the purpose of using the goods
or services in the production and manufacture of any other goods
for sale or the provision of another service for remuneration;
“consumer agreement” means an agreement between a supplier or service
provider on the one hand and a consumer on the other hand other than a
franchise agreement;
“consumer contract” means a contract for the sale or supply of goods or services
or both, in which the seller or supplier is dealing in the course of business
and the purchaser or user is not, but does not include—
(a) a contract for the sale, letting or hire of immovable property; or
(b) a contract of employment;
“consumer dispute” means a dispute where the person or business against
whom or which a complaint has been made denies or disputes the
allegations contained in the complaint or, having accepted the allegations,
refuses, declines or fails to compensate any loss or injury suffered by the
complainant to the satisfaction of the complainant;
“court” means—
(a) Small claims court; or
(b) Magistrates court; or
(c) High court; or
with regard being had to the jurisdiction of the court in question;
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“defect” means any fault, imperfection or shortcoming in the quality, quantity,
potency, purity or standard of any goods or services;
“direct marketing” means to approach a person, either in person or by mail or
electronic communication, for the direct or indirect purpose of—
(a) promoting or offering to supply, in the ordinary course of business,
any goods or services to the person; or
(b) requesting the person to make a donation of any kind for any reason;
“dispute” means dispute between the consumer on one hand and the supplier
or service provider on the other;
“goods” include—
(a) anything marketed for human consumption;
(b) any tangible object not referred to in paragraph (a), including any
medium on which anything is or may be written or encoded;
(c) any literature, music, photograph, motion picture, game, information,
data, software, code or other intangible products written or encoded
on any medium, or a licence to use any such intangible product;
(d) a legal interest in land or any other immovable property other than
legal interests specified in section 3(5);
(e) gas, water and electricity;
“hazard” means a characteristic that—
(a) has been identified as, or declared to be, a hazard in terms of any
other law; or
(b) presents a significant risk of personal injury to any person, or damage
to property, when goods are utilised;
“importer” has the definition given to it in terms of the Customs and Excise
Act [Chapter: 23:02];
“inspector” means a person appointed in terms of section 70;
“investigator” means a person appointed in terms of section 70;
“intermediary” means a person who, in the ordinary course of business and for
remuneration or gain, engages in the business of—
(a) representing another person with respect to the actual or potential
supply of any goods or services; or
(b) accepting possession of any goods or services; or
(c) offering to sell to a consumer, soliciting offers for or selling to a
consumer any goods or services that belong to or are supplied by a
third person;
but does not include a person whose activities as an intermediary are
regulated in terms of any other law;
“juristic person” includes—
(a) a body corporate; or
(b) a partnership or association; or
(c) a trust registered in terms of the Deeds Registries Act [Chapter
20:05];
“market” when used as a verb, means to promote or supply any