A few month in the past, I bought a 55-inch TV from a store in Accra. Earlier than finalising the sale, the store attendant opened the field and examined the TV.
It labored. Nonetheless, once I related it at residence the next morning, the gadget didn’t work.
I returned to the store with the TV and reported the difficulty. To my shock, the gross sales officer informed me that the gadget was useful when it was examined the day prior to this and refused to take accountability.
I requested to see their supervisor, who additionally remained adamant, citing a ‘no returns’ coverage until it was a producer’s defect. Nonetheless, he provided to have their technicians examine the fault, however I might be charged for the repairs. I protested!
Coincidentally, a buddy walked into the store whereas the argument was ongoing and addressed me as ‘Lawyer Adomako’. Upon listening to that I used to be a lawyer, the supervisor instantly modified his tone and provided to exchange the TV and supply a two-year guarantee.
On that day, it was not an Act of Parliament or Ghana’s 1992 Structure that saved me as a client. Reasonably, it was my career as a lawyer that got here to my assist.
If this had occurred to a taxi driver or the overwhelming majority of Ghanaians (about 99.99 per cent), the store would have taken benefit of the unsuspecting purchaser with impunity, disregarding their rights with out consequence.
Each day, the rights of Ghanaian shoppers are violated by companies at will and whim. Most Ghanaians endure what I suffered and by no means develop into profitable in resolving the difficulty.
The actual fact is that one doesn’t have to be a lawyer to say his or her elementary proper as a client.
Some companies intentionally resolve to withhold key info from shoppers. As soon as the buyer will get again residence and realises that the product will not be match for goal, the store is not going to settle for the merchandise again.
Are companies conspiring
The final decade has seen the emergence of commerce and enterprise associations forming chambers to guard and foyer for his or her curiosity.
We’ve got Chamber of Bulk Oil Distributors (CBOD), Chamber of Development Trade (CCI), Chamber of Telecommunication (COT), Chamber of Cement Producers, Ghana Chamber of Commerce and Trade (GNCCI), Chamber of Mines, Chamber of Pharmacy, Chamber of AgriBusiness, Chamber of Expertise, Chamber of Delivery, Chamber of Impartial Energy Producers (IPP) and plenty of extra.
Freedom of affiliation is a elementary human proper, which the 1992 Structure grants unequivocally. Nonetheless, it was Adams Smith who wrote in his Wealth of Nations in 1776 that “individuals of the identical commerce seldom meet collectively, however the dialog ends in a conspiracy in opposition to the general public, or in some contrivance to lift costs.”
It’s unnatural for enterprise associations to not search the curiosity of their members. A few week in the past, the management of the Ghana Union of Merchants (GUTA) introduced plans to signal a Memorandum of Understanding (MoU) with all potential governments forward of the upcoming elections.
Based on GUTA, the transfer is aimed toward making certain that the pursuits of its members are protected and that political events honour their commitments if elected. Companies are lobbying to guard their pursuits.
The federal government should act and defend the pursuits of its residents by way of related framework legal guidelines.
The passage of the Shopper Safety Legislation will assist empower, defend and improve the welfare and curiosity of the buyer, present a constant and efficient client safety framework, prohibit sure unfair practices, enhance client consciousness, training and knowledge and set up the Shopper Safety Fee.
Drawback or answer?
The nation began the method of getting a Shopper Safety Legislation and the Nationwide Petroleum Authority Legislation in 2005. The Nationwide Petroleum Authority Act 691 was handed by Parliament in 2005 while the Shopper Safety Invoice stays a draft doc on the Ministry of Commerce and Trade (MOTI).
The NPA has been in a position to work with Act 691 and it’s now going to Parliament with a brand new NPA Invoice which when handed will repeal Act 691. The NPA Invoice is among the many record of payments to be thought of when Parliament reconvenes subsequent week.
It’s the responsibility of the sponsoring Ministry (MOTI) to make sure that authorities insurance policies and political manifestos are carried out.
In 2016, the New Patriotic Get together (NPP), then in opposition, promised of their 2016 Manifesto “to guard Ghanaians from inferior high quality items, services”, including that “we’ll facilitate the passage of a Shopper Safety Legislation.” (Web page 31 of the NPP 2016 Manifesto).
With virtually eight years in authorities, the MOTI has not taken the draft Shopper Safety Invoice to Parliament. The Shopper Safety Invoice didn’t characteristic within the NPP 2024 manifesto both.
Is that this a testomony that the federal government has deserted any hope of facilitating the passage of the Shopper Safety Act?
It’s fairly refreshing to say, nonetheless, that the Nationwide Democratic Congress (NDC) has captured the passage of the Shopper Safety Act in its 2024 manifesto.
Parliament is about to contemplate about ten payments when it resumes and sadly, the Shopper Safety Invoice will not be on the record.
The questions that 34.5 million Ghanaians wish to know are: what’s stopping the MOTI from taking the draft invoice to Parliament? Is the MOTI doing the bidding of some companies by intentionally slowing the method? Is the MOTI not conscious of all violations in opposition to 34.5 million Ghanaian shoppers? The undeniable fact is that we’re all shoppers.
The author is the West Africa Regional Director for CUTS Worldwide Accra.
E-mail: apa@cuts.org, www.cuts-accra.org