Frequently Asked Questions (FAQ) About Consumer Arbitration in Zimbabwe

What is a Consumer Protection Officer?

A Consumer Protection Officer is a registered official who possesses knowledge of consumer protection, charged with the function of conducting conciliation and arbitration of consumer disputes between parties.

What are the alternative dispute resolution mechanisms of resolving consumer disputes in Zimbabwe?

Consumer disputes in Zimbabwe can be resolved by way of alternative dispute resolution, particularly by way of conciliation or arbitration in terms of the Consumer Protection Act [Chapter 14:14].

Is it a requirement to proceed by conciliation as opposed to arbitration?

Where a dispute has been referred to a Consumer Protection Officer, he or she is required to attempt to settle it through conciliation. However, where parties agree on the resolution of the dispute by arbitration, the matter is referred for resolution by means of arbitration.

Is there a list of consumer arbitrators in Zimbabwe?

In terms of section 60(5) of the Consumer Protection Act [Chapter 14:14], the Minister in consultation with the Consumer Protection Commission and designated consumer protection organisations are obliged to maintain a list of consumer arbitrators. The list referred to in section 60(5) of the Consumer Protection Act [Chapter 14:14] is yet to be notified to the general public by publication in the Government Gazette.

Does the Consumer Council of Zimbabwe conduct conciliation and arbitration?

Yes. In terms of the Consumer Protection (Consumer Council of Zimbabwe Designation) Regulations, 2024 the Consumer Council of Zimbabwe ('CCZ') is designated as a Consumer Protection Organisation in Zimbabwe authorised to conduct conciliation and arbitration of consumer disputes between parties.

What law regulates the resolution of consumer disputes in Zimbabwe?

In terms of section 60 (1) of the Consumer Protection Act [Chapter 14:14], the Arbitration Act [Chapter 7:15] applies to all consumer disputes referred to arbitration in Zimbabwe.

Is there a statutory prescribed consumer arbitration procedure in Zimbabwe?

In terms of section 14(1) of the Consumer Protection (General) Regulations, 2023 an arbitrator to whom a consumer dispute has been referred to in Zimbabwe, has an obligation to convene a hearing and determine the dispute in accordance with the requirements set out in the Arbitration Act [Chapter 7:15].

What relief can an arbitrator or the courts grant against unfair consumer contracts?

A court or an arbitrator appointed to resolve a consumer dispute in Zimbabwe can make an order granting any one or more of the following forms of relief:

• Cancelling the whole or any part of the consumer contract;
• Declaring the consumer contract to be enforceable for a particular purpose only;
• Enforcing part only of the consumer contract;
• Ordering restitution or awarding compensation to a party or reducing any amount payable under the consumer contract;
• Varying the consumer contract.

Can the Consumer Protection Commission or Court apply international law in resolving consumer disputes in Zimbabwe?

Yes. In terms of section 3(6) of the Consumer Protection Act [Chapter 14:14] ('the Act') when interpreting or applying the Act, the Consumer Protection Commission ('CPC') and the Courts are obliged to consider international law, and any international conventions, declarations or protocols relating to consumer protection.

Is there any modern literature on consumer protection in Zimbabwe?

Unfortunately, there is no academic or legal text which has been published concerning consumer protection in Zimbabwe. The Consumer Protection Act [Chapter 14:14] is to a large extent modelled on the Consumer Protection Act 68 of 2008 also known as the CPA, and thus, one can rely on the leading work of Tjakie Naude and Sieg Eiselen, Commentary on the Consumer Protection Act (Juta & Co, Cape Town, 2015).

Is there any literature on consumer arbitration in Zimbabwe?

Yes, in the form of a peer - review journal entitled, Prince Kanokanga, Consumer Arbitration in Zimbabwe: A Road Less Travelled' (2022) Midlands State University Law Review Special Issue 8 - 34.

Reliance can also be had to the following academic texts on arbitration in Zimbabwe:

• Davison Kanokanga, Commercial Arbitration in Zimbabwe (Juta & Co, Cape Town, 2020); and
• Davison Kanokanga & Prince Kanokanga, UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022).