Frequently Asked Questions (FAQ) About Consumer Protection in Zimbabwe

Is there legislation that deals with consumer protection in Zimbabwe?

Yes. The Consumer Protection Act [Chapter 14:14].

What is the Consumer Protection Act?

The Consumer Protection Act [Chapter 14:14] is an enactment of Parliament which was enacted to protect the consumer of goods and services by ensuring a fair, efficient, sustainable and transparent market place for consumers and business.

Are there Consumer Protection Regulations in Zimbabwe?

Yes. The Consumer Protection (General) Regulations, 2023

What is a consumer?

In terms of the Consumer Protection Act [Chapter 14:14], a consumer is defined as follows:

• A person to whom those particular goods or services are marketed in the ordinary course of the business of the supplier or service provider;
• A person who has entered into a transaction with a supplier or service provider in the ordinary course of business of the supplier or service provider;
• 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;
• Any person, who purchases or offers to purchase goods and services supplied by a 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;
• Any person who purchasers or offers to purchase goods or services otherwise than those 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.

What are the functions of the Consumer Protection Commission?

The functions of the Consumer Protection Commission are enumerated in section 6 of the Consumer Protection Act [Chapter 14:14]. Some of the functions, include:

• Conducting conciliation and arbitration between parties;
• Protecting consumers from unconscionable, unjust or otherwise improper trade practices;
• Promoting consumer confidence, awareness and empowerment.
• Promoting fair business practices.

Is the Consumer Protection Act applicable to all transaction in Zimbabwe?

The Consumer Protection Act [Chapter 14:14] does not apply to the following transactions:

• Any transaction in terms of which goods or services are promoted or supplied to the State;
• Any transaction for the sale, letting or hire or immovable property;
• A contract of employment.

What is a consumer dispute?

It is a dispute between a consumer on one hand and a supplier or service provider on the other hand. In Zimbabwe, a consumer dispute has also been described to mean, 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 complaint.

Who can lodge a consumer complaint in Zimbabwe?

• An individual;
• A duly registered legal practitioner;
• A person acting as a member or in the interest of an affected group or class
• A person acting in the public interest (including amicus curiae)
• An authorised person acting on behalf of another

To whom does one lodge a consumer complaint?

It is the right of every consumer in Zimbabwe to have his or her complaints heard. Thus, a consumer complaint in Zimbabwe can be directed to the Consumer Protection Commission, any designated consumer protection organisation or the court alleging the consumer's rights that have been infringed, impaired or threatened. A consumer in Zimbabwe is also permitted at law to seek redress through alternative dispute resolutions.

Do consumer disputes prescribe in Zimbabwe?

Yes, consumer disputes in Zimbabwe prescribe after three (3) years.

Are there Consumer Rights in Zimbabwe?

Yes. Part III of the Consumer Protection Act [Chapter 14:14] contains what are known as fundamental consumer rights in Zimbabwe.

What are the Consumer Rights?

Some of the fundamental Zimbabwean consumer rights are the following:

• The right to consumer education and awareness;
• The right to fair value, good quality and safety of goods and services;
• The right to choose and choice of goods or services
• The right to select goods or services
• The right to cancel advance reservations, bookings and orders;
• The right to cooling off periods;
• The right to disclosure of information;
• The right to be heard, access to justice and redress;
• The right to fair and honest dealing;
• The right to fair, just and reasonable terms and conditions;

Is there a law against price distortions or variations?

In terms of section 26 (5) of the Consumer Protection Act [Chapter 14:14], no supplier of goods is permitted at law to charge a consumer a higher price for goods or services than the advertised or displayed price, provided that the advertised or displayed price includes all taxes and levies chargeable upon the goods or services.

Resultantly, where more than one price is advertised or displayed concurrently for any goods or services, the lowest price is considered as the price of the goods or services.

Is advertising goods at a fixed price considered an offer in Zimbabwe?

The publication of an advertisement of goods or services at a fixed price is not considered an offer in Zimbabwe to all the persons who may read the advertisement. Rather, it is regarded as an invitation to make offers, also known as an invitation to treat. see Bird v Summerville 1960 4 SA 395 (N) 401D.

Is it mandatory to issue a consumer with a receipt?

In terms of section 32 of the Consumer Protection Act [Chapter 14:14], every supplier of goods or services has a statutory obligation to furnish a consumer with a written record of each transaction that a consumer to whom goods or services are supplied.

Leading author, P Stoop, 'Protection of Consumer Rights and Consumer's Voice' in T Naude & S Eiselen (eds) Commentary on the Consumer Protection Act (Juta & Co, 2017) 26-2 notes that:

"...Another purpose served by sales records relates to consumers having necessary information about the supplier and the sale when seeking to redress defects in quality."

What is the law on return of goods under the Consumer Protection Act in Zimbabwe?

In terms of section 42(2) of the Consumer Protection Act in Zimbabwe, words such as "no refund", "no returns" or "no exchanges" are considered unfair contractual clauses.