LEGAL FRAME WORK IN CONSUMER PROTECTION

Various Tanzania laws that provides for consumer protection at all times of making transactions

A consumer means a person who purchases or offer to purchase goods or services otherwise than for the purpose of resale, This is according to section 2 of The Fair Competition Act1. Consumer are always entitled to protection basing on their rights, protection is usually offered by the law in the area where the consumer makes Transactions. Consumer protection means safeguarding the interest and rights of consumer against any unfair terms or other things that are against the rights of consumer2.

Also Consumer Protection means the notion that is associated with the growth of markets as the medium for economic growth. Economic theory posits markets as the forum where sellers meet buyers, or rather, where suppliers generally meet consumers of goods and services. While the suppliers of goods and services vie for the attention of buyers a competitive scenario is generated and left to their own devices suppliers employ every trick possible, positive and negative, to win the buyers' attention..In a perfect market, the theory goes, sellers are engaged in a positive kind of 'beauty contest' and struggle to improve the quality of what they offer under most affordable prices as they naturally undercut each other. Out of the lot buyers get the best deal and generally this promotes consumer welfare and positive economic development, progress in the sciences, and efficient allocation of resources.3

The main purpose of protecting consumer from the various laws is to prevent consumers from being exploited or harmed by the sellers or manufacturers through their goods that are offered to them. The consumer protection is a historical phenomena developed in different period of times where the consumer movement demanding their rights escalated the inaction of various laws to govern their rights from being exploited or denied by the manufacturer of goods or sellers.

The following are the consumer protection law in Tanzania that provides for consumer protection.

Constitution of the United Republic of Tanzania4. Article 24 of the constitution of Tanzania entails that every person is entitled to own property and has a right to a protection of his property, this means that a consumer has a constitutional right towards protection of his or her property obtained through a certain transaction. A consumers property cannot be taken away since the constitution grants a right of protection. On the other hand Article 14 of the constitution grants a right to life in the sense that every person has the right to live and to the protection of his life. Therefore consumer are entitled to the protection of life under the constitution and no seller or manufacturers shall produce goods that are dangerous to the life of consumers. Therefore Constitution entails consumers protection .

Also Article185 which enshrines Freedom of Expression and under it guarantees the Right to disseminate and receive information vital to one's which are not false and misleading the consumers. The protection is in the right to be protected against dishonest or misleading advertising or labeling,and the right to be given the facts and information needed to make an informed choice is important to establish a fair and safe marketplace. Consumer information includes: labeling of products, packaging, advertising and publicity. Information should be available in plain language that ordinary people can read and understand. Translation of consumer information into popular languages is an important step in achieving this right. Proper information allows a consumer to make informed choice which is central to fair competition and consumer welfare hence e through this their rights are protected.

Fair Competition Act6 of Tanzania. Under this rule the consumer are protected in the sense that seller or manufacturer should not impose prices that are not affordable to the consumers. According to section 10 a person with a dominant position in a market is prohibited to use his position of dominance if the object, effect or likely effect of the conduct is to appreciably prevent, restrict or distort competition. Also under Part III of the act provides for the protection of the consumer on the production of the goods in the market, for instance section 18 provides that no person shall engage in conduct that is liable to mislead the public as to the nature, the manufacturing process, the characteristics,the suitability for their purpose or the quantity of any goods. This is to show that consumer are protected by the standard of goods to be sold before the market and being protected from any misleading information by the seller of manufacturer.

Also another section that provide for the consume protection is Section 48 of the Act gives power to the Commission to regulate and enforce product safety standards and unsafe goods. In carrying out its functions, the Commission can investigate and determine whether particular goods will or may cause injury. In addition, it may issue warning and public notice in case of such situation. Moreover, the Commission may offer a public notice of such investigation and a public warning of possible risks involved in the use of goods of a kind specified in the notice. Through the provision, the Commission is also given power to announce their findings of any investigated goods and determine actions to be followed of the goods in question. In all of this provisions consumers rights are protected.

More ever Section 497 of the Act prohibits supply of goods which do not comply with a prescribed consumer product safety standard, or goods which have been declared to be unsafe, and goods which have been banned.( this section guarantee the consumer right to safety)The Fair Competition Act further provides for enabling provisions where regulations may be enacted. Such regulations may provide for requirements on safety and product standards, so as to prevent or reduce risk of injury to any person. The requirements may cover such aspects as performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; testing of the goods during, or after the completion of, manufacture or processing; and the form and content of markings, warnings, or instructions to accompany

Another protection is in Section 16 provide for right against misleading information the provision is to the extent that,no person shall, in connection with supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services: False or misleading represent falsely represent that goods are of a particular standard, quality, grade, composition, style or model or have had a particular history or particular previous use; services are of a particular standard quality or grade; falsely represent that goods are new.8 The misleading information goes hand in hand with the provision of education. Under section 65(2)c requires the commission to provide, education and information to the consumers. So the Provision guarantees the consumer right to education and information. So that to put him at better place to integrate in the market and to ensures their protections

For instance in the case of Vodacom v. TTCL9, in this case the plaintiff claimed the interconnection charges and that the action of discriminating the plaintiff by the defendant to such rate in the favor of other competitors was the violation of unfair trade practices in Tanzania. This is because all other roaming companies had to route their service first to the defendant. The court held that since the aim of the establishment of fair competition commission was to ensure the consumers protection as provided for in section 3 of the Fair Competition Act therefore, by providing better prices and ensuring that they are not treated subjectively.

The Penal Code of Tanzania10, section 180 prohibits the selling of the food that are dangerous to the health of the people in the sense that any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell or drink such article as food or drink, knowing it to be likely that the same intended for will be sold as food or drink, is, guilty of a misdemeanor11. The position is the same in section 182 that suggests that a person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or to make it noxious, for any medicinal purpose is guilty of a misdemeanor. This is to show that consumer especial for foods, medicine and drinks are protected by the penal code from being harmed by any of the food that are dangerous to their health or any noxious drug.

Sale of Good Act12 provides for the consumer protections. This law provides on how consumer and seller should relate in different transaction, it provides a foundation on the terms that are condition and warranties that governs a contract of sale of goods, for instance section 20 (a) to (d) deals with the concept of at what time does the property in goods shift from the seller to the consumer or buyer, this is done purposely to exempt consumer from liability if the goods has been destroyed at the fault of the seller13. Also section 52 and 53 provides for the rights available to the buyer or consumer in case of the non delivery of goods or the goods that are not fit for the use or for human consumption. Also the principle of caveat emptor that the buyer or consumer should be aware on the kind of goods to be sold to his or her use ,the law provides a good framework that consumer has the right to get information on the goods before entering in the transaction. Therefore consumer are protected in different ways by this law from any exploitation from the seller or manufacturers.

Law of Contract Act14 of Tanzania, the law is aiming at governing contractual rel;relationship among different parties in the contract. Consumer transaction is among of the contract, hence it is subjected into the law of contract . For instance according to section 10 agreement are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void, this provides that a consumer transaction will be valid if it constitutes the elements mentioned by the law such as consent15 Consumer should not be subjected to force or being forced to buy a certain food or services without their consent. Also the law suggests that the contracts should not be done in the way of fraud or misrepresentation , according to section .

Trade and services Marks Act16 also provides for consumer protection .Trade or Service Mark refers to the distinctive sign that may be a name, signature, drawing or anything, which is used to distinguish similar goods or Services of various manufacturers or of such services providers in the market17. For instance in section 16 (1) Where the name or description of any goods or services appears on a mark the Registrar may refuse to register such mark in respect of any goods or services other than the goods or services so named or described. This is aiming at protecting consumers rights on the ground that consumers are entitle to get goods that are described by the manufacturer in their marks18 The law empowers the register not to register a certain trade mark if it the goods described in the marks did not resemble the goods that are sold to the consumers. Therefore it is the right of the consumer to obtain goods of the same trade mark and not otherwise.

The Water Supply and Sanitation Act19 under this act consumers are protected in various ways and different rights has been established to ensure such protection. This includes Right to safety, consumer has right of getting product which is favorite to his or her health. So under this Act provide that the Authority shall have a duty to protect and conserve water resources and development and promote a public health this is according to section 4 (1) of 20. So the consumer has protected under this Act as they required to get a safe water and good environment. Apart from that the act also ensures that consumer has aright to get a supply in good health environment in order to avoid getting diseases. To ensure that the Act provide that the authority shall a duty to prohibit the discharges of certain wastes into sewerage system this is provided under section 21 21So the consumer is protected under this Act as he or she could not get contaminated water because the authority should not allow that problem to take place. Therefore through this the rights of the consumers are protected.

The Food, Drugs and cosmetics Act22, This is another law that provides for the protection of the consumer food, drugs and cosmetics that are manufactured in different places . The law establishes the authority to deal with the manufactured products for the safety of individual. For instance under section 28, it provides that no person shall manufacture, import, distribute, sell or expose for sale pre-packaged food unless that food or food product has been registered by the Authority23. This protects a consumers right to safety, in this error a lot of counterfeit goods have come on market and these cause adverse effects to consumers hence if they are not registered a consumer is able to tell that they are not approved as to standard quality hence he or she won’t consume such a good.

Section 46, where medical practitioner during his duty discovers a patient is suffering from food poisoning, will inform the medical officer of health of the area in who the patient resides and such once reported shall be taken care of by ensuring such food is taken away and carrying out more tests on it to ensure food poisoning is stopped section 46(3) that this is to be done in a manner prescribed by the authority. This protects the consumers’ right to safety and also protects the consumers’ right to healthy goods24.

Also, Section 86 protects consumers right of safety and right to quality goods, in the sense that no cosmetics shall be sold, given, manufactured, imported, stored or exhibited for the purpose of being sold or given unless the cosmetic. Conforms to requirements prescribed by the Authority. it states that only approved substances may be used to color cosmetics25. And section 87 (3) provides that only approved substances may be used to color the cosmetics import, distribute, sell or expose for sale pre packaged food unless that food or food product has been registered by the Authority26. This protects a consumers right to safety, in this error a lot of counterfeit goods have come on market and these cause adverse effects to consumers hence if they are not registered a consumer is able to tell that they are not approved as to standard quality hence he or she won’t consume such a good.

Tanzania Civil Aviation Act27, this is another law that deals with the protection of the consumer in Tanzania by establishes the authority that is the Tanzania Civil Aviation Authority. Different protections has to be ensured by the authority established the authority has to ensure consumer are protected to healthy environment. This is provided under section 5(f) of this Act. The provision provides for an obligation of the authority to respect this right by protecting and preserving the environment. So the authority has the duty to see it that their activities do not lead to an unfriendly or hazardous environment. This implies that the consumers have the right to protection of his health by having healthy environment while they are performing different transactions involving the authority.

Also consumer are protected through being provided with the right to redress This is the right of the consumers to complain and seek remedy, refund or compensation on the loss he or she suffered against unfair trade practices, unsafe products, higher prices and or poor quality of the goods. Section 6(1)(c) of this Act, provides that the authority has the duty to facilitate resolution of complaint and disputes. Also section 34 of the Tanzania Civil Aviation Authority Act28, provides for refund under paragraph (g), paragraph (c)provides for the requirement of one party to pay the costs of another party or of a person appearing at the hearing or producing documents. Other remedies provided under this section include specific performance and other relief as may be deemed to be necessary.

Also the law allows consumer to exercise the right to be heard as the way of protecting their interests and rights. The idea is to have the mechanism that the consumers can submit their complaints. For instance having some established forums that the consumers can exercise their right to be heard. Section 23 of the Act, provides for the authority consultation with consumers. Committee of the Authority constituted under section 21 of the Act, is the forum in which the consumers can submit their complaints and therefore exercise their right to be heard. Also, there is a right to appeal for the aggrieved party that is also a sign of the reflection of the right to be heard, as it is provided under section 35 of the Tanzania Civil Aviation Authority Act29.

The Surface and Marine Transport Regulatory Authority Act30. This is another law that provides for the consumer protections in Tanzania where by the law establishes authority to deal with surface and water transport. Consumer are protected in the sense that transport fares are planned in a systematic ways rather that left in the hands of the private individuals. The Act provides for rights of consumers and the protection of the rights of the consumers through different measures or forums taken by the government or organizations. Under section 531 of the act provides for different duties of the authority which it implicitly protects the rights of the consumers. In section 5(b) 32it provides for how the authority it protects the interest of the consumers cause they are in the weaker position hence it provides for the protection of their right. Also under section 29(4)it t shows how the authority looks on the interest of the consumers and protect their rights.

Section 6 of the same the act provides for the functions of the authority which also has provide for right to consumers. Under section 6(iii33it establish the standards for regulated goods and services. With this the authority makes sure that consumers get standards goods cause they are the last users. Hence we can see the right to safety for consumers in the standards of good provided to them and how it is protected by the Act. Also under section 6(d)34 of the act it provides for it has provide for the resolution of complaints and disputes which impliedly gives the right to redress to the consumer when they have not received the goods and services they wanted. Also under section 2235 it shows how the authority does consultation with the consumers, industry and government hence it shows how the right to education and the right to be informed of the consumers have been provided in this section. All of this are done to ensure that consumers rights are protected so as to enjoy different services done in different transactions.

Generally, as the consumers are protected in different aspects, they are also having obligations to make sure they educate themselves on how to file their complaints. Moreover, to make sure that they understand the law protecting them, to cooperate with other consumers and organs to protect consumers they are obliged to know their complaint process and also should purchase only goods with quality assurance. Also the establishes different bodies that can deals with the complaints raised by the consumer while performing their transaction, example of the body is The Fair Competition Commission, established under the Fair Competition Act, the authority is empowered by the law to handle the complaints .

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