Saturday, May 8, 2010

THERE IS NO FREE LUNCH… IT SHOULDN’T RESULT TO PREDATORY GAME

By Jehovaness Zacharia- LLB (Hon) UDSM -TCAS Program Officer

Past years till 1980s, Tanzanians communicated through letters and messengers, almost every office had a messenger who was there to be sent from one office to another, staff collogues could communicate through short written messages known as memos. From memo we developed and start using desktop phones. Thanks to globalization which brought us development including cellular phones which has became the cheapest mean of communication that is easier and faster.

This has well developed business sectors whereby one can easily make communications wherever he is and move on the business. It has even go further to roaming service whereupon cross boarders businessmen who can move from Tanzania to other countries with the same chip card and recharge with the local vouchers.

Increase on the number of service providers in this sector has necessitated intensive competition amongst players resulting to decrease on tariff charges. But…there is a say that, there is no free lunch, that is to say when one gives you something freely, it is not free indeed, there must be the other way s/he is going to get back whatever he has spent on you. Practice shows that what s/he gets back is in most cases greater than what he had spent on you.

In capitalism and trade liberalization, “predatory pricing” is not a new phenomenon. And it has always been the duty of the government-Competition Commission, Service providers and Civil Societies to ensure that there are healthy checks and balances and fair competition not to amount to malpractices. The enactment of Fair Competition Act 2003 (FCA) which put in place Fair Competition Commission (FCC) put in place the checks and balances for Tanzania.

Currently, all telecommunication companies struggle to conquer the market share, we have witness amazing lower prices never experience before. It started from 30Tshs to 10Tshs, 6Tsh per sec to 3Tsh to 1Tsh per sec few days ago we heard 0.50Tsh per second, and now enjoying below 25cents per second.

We may all be happy with the astounding offers and forget to think of our future as consumers of these important services which might be at stake. One may view this in form of predatory pricing or cartel which is a form of anti-competitive arrangement that occurs when a group of firms or companies agree to fix prices, shape geographic markets between themselves or jointly determine other market experience.

But due to lack of experience in combating predatory and cartel activities in most of developing countries Tanzania being among them, most of predatory and cartel activities go un-noticed. Under these practices, one or few service providers may sacrifice to go below company’s overhead costs for a certain period whereby, during this time, the dominant firm will keep surviving while others will not and therefore withdraw themselves out of the market as they cannot sustain the predatory pricing war.

Similar situation was experienced by Namibians who in couple of years back were celebrating the lowest cement price in history. The cement market dominancy were between Holcim, a South African company and Cheetah a Brazilian which imported cement from Brazil with the intention of building cement industry in near future.

When Cheetah got into market the price of 50kg cement bag was US8$, soon it went down to US4.5$per 50kg bag, in 2006, it went down to US3.5$per 50kg bag. At the end of the same year Cheetah could not sustain its activities in Namibia and ended its operation whereas Holcim become the sole cement provider whereby they later made an extraordinary change of price from USD 3.5 to US9.5$ per 50kg bag. Therefore Tanzania Consumers and all other key stakeholders including TCRA and FCC need to be on alert as this shouldn’t be the case on telecommunication industry, since not all what glitters is gold.

With the ongoing so called “promotions” by some of the telecommunication companies in Tanzania, a thorough immediate check on is required to ensure that they do not amount to go below recovering their overhead cost or ending up with anti-competitive practices. TCAS therefore calls upon professionals, academicians and relevant government organs to check on this and ensure service provider survival and consumer protection guaranteed.

Tanzania Consumer Advocacy Society (TCAS) wouldn’t wish to see incumbent operators with dominant market position are pushing other mobile phone companies out of the market and later the hunter (consumer) turns to be the hunted. The more the players in the market the better as it gives consumers a wide range of choices.

World Economic Forum for Africa : any real, long-term gains for Africa, Tanzania?

Friday, 07 May 2010 08:46
BY ERIC TOROKA
TODAY, May 7, 2010, one of the more important events in Tanzania's post-Independence history comes to a close in the nation's de facto capital and commercial metropolis Dar es Salaam. For three days beginning May 5, Tanzania was the cynosure of world attention as the capital bustled with activity generated by the 20th World Economic Forum for Africa (WEF-Africa), the first to be staged in the region.

Most of the past 19 events were staged in the Republic of South Africa. This latest event brought together about 1,000 participants from 85 different countries of the world to the scenic Mlimani City Business Complex on the outskirts of sprawling Dar es Salaam where they deliberated upon, and rethought, Africa's social and economic growth strategy.

The Forum was graced by a myriad dignitaries who included a goodly dozen Heads of State and/or Government, as well as scores of public officials and world business leaders of considerable renown.

The event was organised by WEF, a task in which it was ably partnered by – among others – ABB, CITI, ArcelorMittal, CISCO, Dow's, KPMG, Ernst & Young, Microsoft, HP and UNILEVER.

It is still very much early days yet to know with much certitude what impact the Forum will have upon Africa and its nearly-one-billion people – or upon Tanzania and its 44 million population...

But, activists are already saying that the country will not particularly benefit from this Forum – or, indeed any other for a in the foreseeable future, citing a number of reasons for that gloomy view.

For starters, they glumly note that, more than 40 years after the 'Mother WEF' was launched in Davos, Switzerland – and 20 years after the African Edition of the event was introduced – Tanzania is yet to make its mark upon the WEF Map!

Not a single company from Tanzania is among the 300 or so leading companies from over 50 countries which have been formally admitted into the WEF fold as 'family' of the first water!

The selection criteria for WEF membership are yet to be attained by any company in Tanzania. For instance, to be eligible for consideration, a company must register – and be seen to register – an “annual growth rate exceeding industry-and-regional average by 15 per cent; minimum turnover of between US$100 million and US$5 billion (depending on the industry); demonstrated growth potential, capacity and intent to build a global business; as well as exemplary executive leadership.”

WEF membership 'earns' a company the right to enjoy the following opportunities and benefits... “New business opportunities across industries and regions from weak and dependent economies such as Tanzania; networking with the world’s leading business and policy experts; peer-to-peer collaboration and experience exchange, as well as industry-specific and cross-industry knowledge sharing.”

Commenting on the matter, the chairman of the Tanzania Consumer Advocacy Society (TCAS), Daimon Mwakyembe, wondered “how many Tanzanian firms can be classified into the above criteria – especially with regard to turnover?

“How well-prepared are Tanzanian companies to use the world market potentials that are available...? Or, how vulnerable is Tanzania to being used by other global industries with maximum quest to expand? How prepared are Tanzanians, and Tanzanian firms, in this? Are there any deliberate efforts to empower them?”

Mwakyembe said “there must be deliberate efforts in ten-twenty years to come to have self-made Tanzanian billionaires in US dollars, so as to enable them enter into joint ventures in Tanzania and all over the world... This is what WEF is all about!”

Noting that “deliberate moves must be made to have a stable middle class with a lifestyle, education levels and social etiquette with strong ethical consumerism in mind,” Mwakyembe said “this culture – if it can adopted – could improve the quality of our people, build our brand and have our billionaires in USD who can drive the world economy as per 'World Economic Forum' visionary principals... But, as of now, Tanzania is here only to provide new business opportunities for the existing WEF members!”

But, this is not for lack of natural endowments, the Chairman stated...

“Tanzania has quite a unique number of strong assets to be taken as comparative advantage vis-a-vis other countries in Africa and the world,” Mwakyembe says.

“Tanzania is said to have peace and stability; abundant natural resources; stable macroeconomic performance; a good fiscal regime – and, lately, improved infrastructure facilities connecting all parts of Tanzania...

“The three major ports of Dar es Salaam, Tanga and Mtwara function as hubs for traffic emanating from, and destined to, the landlocked neighbouring countries of Uganda, Burundi, Rwanda, Zambia, Malawi and the Democratic Republic of Congo (DRC),” he said.

Moreover, “Tanzania is not a unique investment destination without its own resources... How best can these resources be tapped and used for the benefit of Tanzanians – and investors in general?

“This is purely a policy issue. I do advise our Government to make a provision for investors to partner with Tanzanians – both individuals and companies – in joint ventures. The Government and private sector companies need to mobilize their own internal resources to stimulate short- and long-term development of our resources,” he stressed.

For his part, the executive director of the Consumer Society (TCAS), Bernard Kihiyo, said “Tanzania beyond WEF should be changing its mindset regarding the responsibility and ownership of our own development.

“The situation we have adopted for now will not get us anywhere. Lack of self-confidence is apparently one of the greatest problems facing Tanzanians today. A survey conducted upon one thousand students from five Tanzanian Universities sought to establish their most difficult personal problem.

“Eighty five per cent listed 'lack of confidence' as the greatest stumbling block for them. It can safely be assumed that the case is the same for an equally large proportion of the general population,” Kihiyo stated.

“Everywhere you go, you encounter people – be they politicians, workers, farmers, men and women – who are inwardly afraid; who shrink from life; who suffer from a deep sense of inadequacy and insecurity; who doubt their own powers and capacity. Deep within themselves, they mistrust their ability to meet responsibilities – or to grasp opportunities!”

An economist by profession, Kihiyo said “Tanzanians are always beset by the vague and sinister fear that something is not going to be quite right. They don’t believe they have it in them to be what they what to be – and, so, they try to make themselves content with something less than that of which they are capable... And in most cases, such frustration of powerlessness is unnecessary.”

According to Kihiyo, “Tanzania’s entire education system, as well as Government institutions, civil societies and politicians, should work toward building confidence in Tanzanians. The Government should stop preaching the 'dependence approach' so as to remove the growing dependency attitude, overcome the inadequacy attitude, avoid superficial solutions, and work on speed and quantitative expansion while ignoring quality!

“To that end, the government will have to work with strategic partners such as WEF – but only for stronger reasons i.e. technology transfer, cross-industry knowledge sharing and the like.

“We have to seriously work on promoting intellectual engagement and innovation, to catalyze links between industry and universities which intend to help expand industry through creative innovation, to support all self-groomed talents and innovation...

“This is so as to provide a soul of the nation’s advancement and the everlasting driving power of national prosperity. We don’t have this for now; it might sound childish... But it is very important for Tanzania in order to be competitive,” he concluded

Source; http://www.businesstimes.co.tz/index.php?option=com_content&view=article&id=93:world-economic-forum-for-africa-any-real-long-term-&catid=1:latest-news&Itemid=50

Thursday, March 18, 2010

How Care-free Attitude is Source of Consumer Woes

Speak no evil, How unquestioning attitude of Tanzania consumers is source of shoddy services
By Sharifa Kalokola

When Nicodemus Masanji, 50, discovered that he had bought a fake pesticide for his crops, he felt hopeless. For weeks, he watched helplessly as his once fertile three-acre cotton field in Geita District was reduced to worthless grassland.

“I don’t understand what really happened because it was the same pesticide that I have been using for years, except that this time it worked against me,” says Masanji. A month before he bought the pesticide at a local dealership last year, he had a promising cotton yield.

But all was gone in a flash. “The pesticide was fake, but there was nothing I could do about it,” notes the former farmer, who is now selling second hand clothes and Chinese sandals he orders from Kariakoo.

Masanji is disillusioned with the process of seeking recourse against the trader for the losses he incurred. Like the majority of Tanzanian consumers, he sees his case as something “that happens”. He argues: “Even if I were to complain, who would listen to me? Going to court will waste your time and money.”

A recent study conducted by the Tanzania Consumer Advocacy society (TCAS) shows that over 90 per cent of Tanzanians are not aware of their consumer rights.

The majority of the victims cited in the study did not know they had the legal right to demand compensation for market abuses.

And according to the study that was conducted in five regions - Kilimanjaro, Dar es Salaam, Coast, Arusha and Mwanza – most of the affected are women.

“Many people do not know when their consumer rights are violated, and the few who seem to understand do not file complaints against their service providers with relevant authorities,” Bernard Kihiyo the Executive Director of TCAS says.

The study is part of a baseline survey aimed at assessing the extent of the problem, he adds, noting that there are plans to establish a non-governmental organisation to protect consumers from shoddy services, as well as fake and risky products.

Uncritical “We have a lot of work to do to convince local consumers to know their rights, and seek recourse with relevant authorities when their rights have been violated,” he says.

Generally, the idea of complaining against shoddy services or when one discovers that they have bought a fake or dangerous product is not common among local consumers.

“A lot of people tend to be uncritical when it comes to what kind of service or product they get from a supplier,” says Kihiyo. The problem is rampant in the hospitality sector, where most hotels tend to take advantage of ‘uncomplaining customers’ to get away with shoddy services.

“It begins with the belief among too many people that they are at the mercy of providers of services – ironically, here the supplier is given the status of benefactor, or a boss who is supposed to be feared,” observes Andrew Chove, a Dar es Salaam hotel manager.

Several cases of people who are hospitalised after consuming toxic foods or buying fake or expired drugs remain with the victims.

In January this year, over 40 people from two families were admitted to Maweni hospital in Kigoma Region after eating poisoned food. They told the police that they started feeling unwell after having ‘ugali’ for lunch.

Both families had earlier bought maize flour from the same shop. The incident brought back memories of the tragedy that struck Kagunga Village in the same region 10 years ago when 10 people died after eating ugali prepared from poisonous cassava flour. ‘Talking to deaf ears’

There are more similar cases that go unreported. Ms Blandina Ilas, a chef with a Dar es Salaam hotel, says she is still recovering from the side effects of a prescribed malaria drug she bought from a local hospital pharmacy but was not told it contained sulphur, which she is allergic to.

“What I fail to understand is that I bought this from a pharmacy in the same hospital that I had been admitted, and these people could not read the prescription or medical report to see what allergies I have,” says the 32-year-old.

However, she didn’t report the case or file a complaint, even after she was readmitted to the same institution and paid extra costs.

“I don’t believe complaining would have changed much because in most cases you will be talking to deaf ears, and they usually do nothing,” she says.

But consumer rights group, TCAS, says the problem is not simply with providers of services. “When a case is presented to us we fight for the consumer, but we have noted that people don’t complain even in worst-case situations,” notes Mr Kihiyo.

In addition, the TCAS boss blames widespread complacency among Tanzanian consumers on socialism.

According to him, nobody would dare complain against shoddy services during the era of socialism because the government was the sole supplier and distributors of most goods and services.

“Everything was under state control, and it was inconceivable for an ordinary person to complain against a government service provider; apparently, the majority Tanzanians are yet to shed this culture in this free market economy.”

But Dr Semboja Haji, an economic researcher at the University of Dar es Salaam, does not see it that way. He blames the complacency on lack of competition in several sectors. “The problem of consumers fearing to speak out and demanding their rights is not just in Tanzania, but also in many poor nations,” he says, adding:

“We still have fewer service providers in many areas compared to the high number of consumers, who are mostly uneducated.” Corroborating, Dr Fortunatus Sunghwa, a laboratory scientist who lived in Japan for two years, says in the developed world where competition is high “the consumer’s voice is heard.”

“The services there are almost perfect, except that sometimes you encounter long queues on two open counters instead of, say, five available.” A programme officer with TCAS, Jehovaness Zacharia, attributes the “see no evil, say no evil” attitude among most local consumers to their “quest for cheap products and services.”

“Most people want to buy the cheapest thing they can lay their hands on, and at the end it doesn’t come that cheap,” she notes. However, she says the consumer body will use this year’s World Consumer Rights Day tomorrow (March 15), to highlight the rights of consumers; lobby support for those rights to be respected and protected and provides a forum for exposing the market abuses and social
injustices, which undermine those rights.

“This year, our theme is: 'Our Money, Our Rights', and the message we want people to get is that they have both the right to go for cheaper items and to bring up any form of market abuse that undermines their rights,” she says.

http://www.thecitizen.co.tz/sunday-citizen/38-sunday-magazine/715-how-carefree-attitude-is-source-of-consumer-woes

Consumer Rights Directive might not feature UK right to reject, says Reding

OUT-LAW News, 15/03/2010
The European Commissioner's consumer law chief has promised a 'breakthrough' on plans for a new Europe-wide consumer law but has said that existing UK rights cannot be safeguarded.

The Commission's proposed Consumer Rights Directive faced opposition in the UK because the process of harmonising law across the EU actually reduced UK consumers' rights to reject goods.

Vivian Reding, EU Commissioner for Justice, Fundamental Rights and Citizenship, who is responsible for consumer law, said that she plans to resurrect the Directive.

"This legislation needs to be the cornerstone for consumer protection in the Single Market in the coming years," she said. "It is therefore my priority to work with the European Parliament and Member State governments to make a breakthrough on this important legislation. The proposed law must balance businesses' need for legal certainty with a guarantee for the highest level of consumer protection."

eding said that while she would address the problem of an erosion of consumer rights in some countries, such as the UK, it may not be possible to protect existing rights, and that the remedies for defective goods that UK consumers are guaranteed might not form a part of an eventual EU-wide law.

"The relationship between the consumer remedies and the national contract law remedies is not always clear," she said. "In the UK, there is a right to reject a product. In France, consumers can have a guarantee for hidden defects in a product. These are typical examples. I do not yet know whether the prospect of achieving full harmonisation of all the remedies for defective products is realistic."

"Full harmonisation of these cross-border rights means that EU countries may have to adjust some national rules that go further than the proposal," she said. "This has led to concerns among Member States, consumer organisations and European Parliament members that the level of protection would decline and that consumers would be worse off. There are also concerns that full harmonisation makes consumer protection inflexible and curtails the national legislators' ability to react quickly and appropriately to new market developments."

"These are legitimate concerns, and I will address them. In my view, consistently basing the proposal on the most stringent rules that already exist in the 27 Member States is not necessarily the most proportionate way to help consumers," she said.
Reding said that one way to address the complex issues would be to introduce two-tier regulation, differentiating between different kinds of consumer sales.

"I am … going to look at whether the harmonisation in the Commission's 2008 proposal is sufficiently targeted towards those issues that have the most benefit from a Single Market point of view," she said. "A possibility could be to go for fully harmonised rules on distance contracts and allow diverging national rules for face-to-face contracts. Workable fully harmonised rules for the online world could then pave the way for more harmonisation for off-line contracts at a later stage."

The Directive which Reding wants to put back on the political negotiating table was controversial in the UK and is still opposed by UK consumer rights body Consumer Focus.

"Hopefully it won’t progress in anything like its current form," Lola Bello, senior policy advocate at Consumer Focus, said last month. "Along with other nations with strong consumer rights, the UK has been lobbying hard for changes to this Directive."

Government legal reform bodies the Law Commission and the Scottish Law Commission were asked to examine the issue last year and advised the Government to oppose the abolition of the right to reject.

UK Market Abuse “Unacceptably High”, Says Financial Watchdog Chief

Jennifer Thompson
Hector Sants, chief executive of the Financial Services Authority (FSA), has said that market abuse in the financial services sector is at an “unacceptably high level.”

Although he said that there was no evidence abuse was worse in the UK than in other major financial centres, he called for more action in tackling the problems of insider dealing and other examples of malpractice.

"Our benchmark should seek to have a market that participants really believe to be clean and fair," Mr Sants told the Sunday Telegraph. "I think that if you were to ask the market participants, they would share my view that there is too much market abuse," the former investment banker added.

The FSA is set to increase its workforce with an extra 460 members of staff, taking the total number to 3,700. The increase in employees, whose roles are expected to be elaborated on in an FSA strategy paper later this week, underlines the more proactive role the organization wishes to play in regulating the UK financial services industry.

Last week it announced the successful prosecution of a former employee at stockbroker Cazenove who was found guilty of insider dealing. An investment banker and his wife were today charged with insider dealing with the FSA currently seeking the extradition of a third suspect in the French overseas territory of Mayotte.

Source; - http://www.newstatesman.com/...and.../financial-services-market - United Kingdom

Thursday, March 11, 2010

Know Your Consumer Rights: 10 Top Tips

Posted by Ally Seleman Goronya
1st.March.2010
The following are 10 top tips when shopping
1. Not my style: You might be surprised to learn that, if you buy something in a shop, you do not have the right to a refund if you later decide you do not like it.

2. Six month rule: It’s worth being aware that if you make a claim for the repair or replacement of faulty goods within six months of purchasing them, it is actually up to the retailer to prove the item was not faulty when it was originally sold to you.

3. No receipt required: Contrary to popular belief, you do not actually need a receipt to obtain a refund for faulty goods. What you are likely to need is proof of purchase – but a bank statement, cheque stub or credit card slip should be sufficient.

4. Online is fine: If you buy goods over the internet, you have the right to a seven-day ‘cooling off period’ from the date they are received. You can send your items back in return for a full refund, no matter why you have rejected them – and even if it’s because you have simply changed your mind.

5. Returning items to a retailer: When you buy something, your ‘contract’ is always with the retailer, not the manufacturer. Therefore, you should always take a faulty item back to the shop where you originally purchased it.

6. Fit for purpose: Any goods you buy from a retailer should be fit for purpose and of satisfactory quality. If they are not, you are legally entitled to claim for a refund, repair or replacement.
7. Act quickly: If your goods are faulty and you wish to claim a full refund, you must return them to the retailer within a reasonable period of time.

8. Smarter sales shopping: You are not entitled to a refund on sale goods if you were made aware by the retailer that the goods were faulty or if the fault you are concerned about was obvious at the time of purchase. Also, if you decide you no longer like the goods, you are not entitled to a refund.

9. Nearly new: If you buy ‘nearly new’ second hand items, your rights to a refund, repair or replacement are similar to those you would have for new goods. However, the law will not expect second hand goods to be of the same quality as brand new ones.

10. Stick up for your rights: If a retailer is failing to acknowledge or respond to your consumer rights and you live in England or Wales, you can file a claim against with the small claims court (provided your claim is for under £5,000).

Source;
http://www.which.co.uk/news/2010/03/10-crucial-consumer-rights-facts--204877Consumer rights guides

It's National Consumer Protection Week in USA

March 7-13 is National Consumer Protection Week (NCPW) 2010. It's a week the government will devote to providing free resources and information to better inform consumers how and where to spend their money.

President Obama's "Presidential Proclamation" in a March 5 White House Press Release explained that NCPW "gives all Americans an opportunity to become better-informed consumers."

From the president's proclamation:
"I call upon government officials, industry leaders, and consumer advocates across our Nation to share information about consumer protection; and I encourage all Americans to learn more about marketing and business, whether they are shopping at their local store or in the global online marketplace."

Obama said his administration is committed to protecting American consumers. Because of that, he signed into law the CARD Act, which went into effect last month, and he also recently established the President's Advisory Council on Financial Capability, "which is looking for new ways to help individuals make informed financial decisions," according to the press release.

CONSUMERS ''UNAWARE'' OF RIGHTS TO RETURN ONLINE GOODS

Despite online purchases accounting for 10% of total retail sales, UK consumers are unaware of their right to return goods, a government survey shows. Consumers are unaware of additional online shopping rights.
UK consumers may be the biggest online shoppers in Europe, but we are less inclined to return goods bought via the internet than those purchased on the high street, research reveals today.

A survey for the government found that more than 60% of shoppers were less likely to take back goods purchased online, compared with items purchased direct from shops.

Tellingly, consumers also showed their ignorance and confusion about their legal rights for both types of purchase when it comes to refunds. Many did not realise, for example, that those buying online had the extra right of a seven-day cooling-off period.

UK consumers are ranked as Europe's biggest online shoppers, having spent £38bn last year, which accounts for 10% of total UK retail sales.
The research was carried out by the Department for Business, Innovation and Skills for a Know Your Rights campaign run by the government-funded Consumer Direct.

It found that three-quarters (77%) of UK consumers did not know there were differences between online and high street consumer rights, while more than one in 10 (13%) admitted to not being sure of their consumer rights when making online purchases.

The consumer minister, Kevin Brennan, said: "It is important we all know that most online goods can be returned with no questions asked within seven days. We want confident consumers who can assert their rights and get a good deal."

The survey revealed that consumers were just as confused when shopping on the high street. Two-fifths thought that retailers always had a right to refuse a refund if they didn't have a receipt, and one in 10 believed goods could not be returned once they have left the store.

Michele Shambrook, operations manager for Consumer Direct, said: "We want consumers to be more confident when shopping on the high street or online. People who are knowledgeable about their rights are more likely to get a fair deal, save money and resolve problems when things go wrong."

Consumer rights: top tips
1. If you buy goods on the internet you have the same rights as if you were shopping on the high street. In addition, you have the right to a seven-day cooling-off period from the date you receive the goods, with the right to a full refund regardless of the reason for return. However, this doesn't apply in some situations, for example if the goods were personalised for you, were perishable, or are not in the same condition as when they were delivered.

2. When you buy goods your contract is with the retailer not the manufacturer, and you should always go back to the retailer in the first instance to request an exchange or refund. If you have a manufacturer's warranty you can contact them as well as the retailer. And don't delay – act as soon as you discover the fault.

3. You do not need a receipt to obtain a refund for faulty goods. However, you may be required to show proof of purchase with a credit card slip or bank or credit card statement.

4. Although you do not have the legal right to take back goods bought on the high street just because you have changed your mind, many stores do offer a "no questions asked" refund or exchange policy. Check the store policy when you buy.

SOURCE; Telegraph.co.uk

ONLINE BANK FRAUD DOUBLES IN TWO YEARS IN UK

By Harry Wallop, Consumer Affairs Editor
Published: 7:30AM GMT 10 Mar 2010
Online banking fraud has doubled in the last two years, with customers losing £60 million from criminals last year. Official figures from the trade body UK Payments Association indicated that online banking fraud increased to £59.7 million last year. This was an 18 per cent increase on the year before and more than a doubling since 2007 when there were £22.6 million of losses.

As more and more consumers are persuaded to go online by their banks, criminals have followed them. Most of the fraud has happened by criminals – usually based overseas – attacking consumers' computers without their knowledge.

The most common technique is for criminals to install malware into a consumers' computer – a piece of software that can sense a users' keystrokes. This means that a criminal, despite sitting on the other side of the world, can tell the password and account number of an online bank account that a customer is typing in.

Malware is installed invariably without the consumers' knowledge when they click on a link to a website or an attachment to an email.
Graham Cluley, a leading expert on internet fraud at Sophos, a security firm, said: "Every day we see 50,000 new pieces of malware from around the world coming into our labs. The criminals are always creating new, ever more sophisticated ways of attacking people's computers."

The figures were published alongside data indicating that credit card fraud fell significantly last year, thanks to chip and pin technology and more secure retail websites. The padlock system and "verified by Visa" scheme, which requires shoppers to tap in a password when paying for items on a website, helped overall card fraud fall from £610 million to £440 million.

Despite the fall, this still equates to £10 for every adult in the country. The UK Payments Association said it remained concerned about the increase in online banking fraud. As bank branches close, banks are persuading consumers to opt for online banking, which costs less for the banks to operate. The number of customers that use online bank accounts has increased from 15 million in 2005 to 22 million last year.

David Cooper, chairman of the fraud control steering group, the payment industry’s leading fraud prevention group, said: "The industry remains committed to containing and reducing all areas of fraud. To this end, we will continue our partnership approach – working with law enforcement, retailers, consumers and the Home Office – to tackle fraud head-on.”

Source; http://www.telegraph.co.uk/finance/personalfinance/consumertips/banking/7405586/Online-bank-fraud-doubles-in-two-years.html?utm_source=tmg&utm_medium=TD_fraud&utm_campaign=pf1003pm

Saturday, February 20, 2010

Calls for regulation on traditional Chinese medicines - UK

UK PRESS
An Old Bailey judge has called for new regulation on traditional Chinese medicines as a "doctor" who sold cancer-causing pills walked free from court. Ying "Susan" Wu sold the tiny brown "Xie Gan Wan" tablets to Patricia Booth for more than five years from a shop in Chelmsford, Essex. Mrs Booth, 58, began taking the pills three times a day to treat a skin condition but they ended up destroying her kidneys and giving her cancer.

But Judge Jeremy Roberts ruled that, as the sale of traditional Chinese medicines was totally unregulated, there was no evidence that Wu knew of the potential harm.

The judge threw out a charge of "administering a noxious substance" against the 48-year-old, of Holland-on-Sea, Essex, and she pleaded guilty to five lesser counts and was given a two-year conditional discharge.

Giving his ruling he said: "It is an unfortunate fact that there is no system in this country to regulate Chinese herbal medicine retailers like Ms Wu by requiring them to be registered with an appropriate professional body or trade association.

"Somebody like Ms Wu is entitled to set up shop as a herbal medicine retailer and to operate entirely unsupervised.There may be a gap in our law here which the Government might wish to address."

The court heard that Mrs Booth took the medicine, which she bought from the Chinese Herbal Medical Centre in Chelmsford, from February 1997 to November 2002. She said she believed it was a "safe and natural alternative" to the antibiotics she had previously been taking for her skin condition - and which she feared could damage her long-term health.A months after she stopped taking the Chinese pills, she was taken seriously ill and had to undergo an urgent blood transfusion.

An analysis of the pills showed they contained a banned substance, aristolochic acid. Her health deteriorated to such an extent that her kidneys were "destroyed" and she had to have them removed, she contracted urinary tract cancer, and she later suffered a heart attack.

The Register of Chinese Herbal Medicine, which represents more than 450 practitioners, said the case highlighted "the urgent need for the statutory regulation of herbal medicine in the UK".

Source; http://www.google.com/hostednews/ukpress/article/ALeqM5hxjPS1wJu0UH_xzBY-IsioYSt9og

Ouestion to Ask ourselves
What is the current situation regarding the above in Tanzania ? kindly discuss

Millions of Britons Losing Money on Savings

The Telegraph-UK
Millions of savers are losing money by putting their cash into a savings account due to poor investment returns and the increasing cost of living, it has been disclosed. Savers are suffering despite Barclays, Britain third-largest bank, reporting profits of £11.6 billion for 2009.

Rising inflation is eroding the spending power of savers’ cash and, combined with historically low interest rates, is leaving them with less money than when they started. Savers have already been badly hit by shrinking rates of return following Bank of England interest rates dropping to 0.5 per cent.

But the jump in inflation to 3.5 per cent, released in official figures yesterday, came as a fresh blow to hard-pressed pensioners and those trying to live off their savings. Politicians and financial experts said it will leave millions of savers "devastated".

With the consumer prices index rising to 3.5 per cent, basic rate taxpayers now need to earn a rate of 4.38 per cent on their savings before they begin to see a real return, while higher rate tax payers need to earn 5.83 per cent.

But with typical rates on a no notice savings account dropping to 0.02 per cent to 0.73 per cent in the past month, it means basic rate taxpayers are losing the equivalent of 2.92 per cent a year, with higher rate tax payers losing 3.06 per cent, according to the figures from personal finance statisticians Moneyfacts.

Just two accounts out of a total of 1,101 savings accounts produce a real rate of return for higher tax payers once tax and inflation are taken into account. However, these accounts are only for regular savers and not for those with a lump sum to invest, according to the data produced exclusively for The Daily Telegraph. And total of only 52 accounts produce a real return for basic rate taxpayers.
S
avers are suffering despite Barclays, Britain’s third-largest bank, reporting profits of £11.6 billion for 2009 and speculation that the excessive bonus culture is returning to the City. Vince Cable of the Liberal Democrats, said: “Negative real interest rates are a killer for savers.

“It will not make it possible for Britain to switch from being a nation that is excessively in debt to a society based on prudent saving.” Darren Cook, a spokesman for Moneyfacts said: “Each month, inflation is cutting deeper into people’s spending power and lower savings interest rates are creating an even bitterer pill to swallow.

“Those who are relying on their savings pot to subsidise other income are seeing their savings being eroded. “Savers are hoping that this is just a short spike in inflation, but will lead to further aggravating issues if inflation does not fall as quickly as it is going up.”

David Black, a banking expert at personal finance researchers Defaqto, said: “Those reliant on savings interest to supplement inadequate income will be devastated by this double whammy of rising inflation and low interest rates.” The Consumer Prices Index, the Government’s preferred measure of inflation, jumped to a 14-month high of 3.5 per cent last month, the Office for National Statistics disclosed.

The rise was blamed on the return of Value Added Tax to 17.5 per cent. The Government had previously reduced VAT to 15 per cent on a temporary basis until last month to try to boost consumer spending and ease the recession. The Retail Prices Index – which includes the cost of mortgages and housing - also rose sharply in January to 3.7 per cent.

Economists said the rise in inflation increases the prospect that the Bank of England will maintain the Bank Rate its current level. Howard Archer, an economist at Global Insight said: “When interest rates finally do start to rise the increases are likely to be gradual.”

Individual Savings Accounts offer an additional small glimmer of hope for basic rate taxpayers, but there is nothing available to higher rate taxpayers. National Savings & Investments offer three and five year Index Linked Certificates that are tax free and pay 1 per cent above RPI inflation.

http://www.telegraph.co.uk/

Wednesday, February 17, 2010

UK Government invests £4.3m in crackdown on Cyber Crime

By Warwick Ashford
Monday 15 February 2010
The government is to invest £4.3m to fight criminals who use e-mails and websites to con UK consumers out of £3.5bn a year. Some 73% of adults in the UK received a scam e-mail and three million consumers were victims of online scams in the past year, according to the Office of Fair Trading (OFT).

The money will be invested over three years in an OFT specialist cyber enforcement team to fight online crime and restore consumer confidence in online shopping. Some of the money will also be used to provide funding for Trading Standards.

The government's Digital Britain Report published in June 2009 highlighted the need to ensure consumers are protected and confident when shopping online."Our investment will help the OFT and Trading Standards to put in place new specialist teams, training and technology to take the fight to these criminals," said consumer minister Kevin Brennan. The OFT team has begun training with an international expert, working in a new laboratory with specialist equipment to support the OFT's enforcement work.

The government initiative will also see new highly trained Trading Standards enforcers with specialist equipment in England, Scotland and Wales. Enforcers will focus on fake products and traders, counterfeit ticket sales and scam websites aimed at duping consumers into paying for

"The enforcement team will be looking at the activities of a wide range of commercial websites and taking action in cases where consumer rights are abused," said Heather Clayton, senior director for the OFT. The OFT will coordinate which enforcer is best placed to take action on a particular issue and will focus on the most serious cyber scams.

Where appropriate, cases will be passed on to the Police Central eCrime Unit and the Serious and Organised Crime Agency, as well as the Companies Investigations Branch of the Department for Business, Innovation & Skills (BIS).

Source; http://www.computerweekly.com/Articles/2010/02/15/240299/Government-invests-1634.3m-in-crackdown-on-cybercrime.htm

Monday, February 1, 2010

Tanzania: financial reforms fail on consumer protection

From the Business Times issue of Friday, 27 November 2009 11:51
By MNAKU MBANI & ERIC TOROKA

ALTHOUGH Tanzania has taken major efforts to reform the banking and financial institutions sector over the last two decades, the issue of consumer protection has remained virtually untouched by the 'reforms.'

This situation has led to increasing abuse of good business practices by many of the financial institutions and banks, as well as a singular lack of fairness and transparency in dealing with customers.

"The providers of financial services in Tanzania need to understand that, as long as they continue to gain unfairly from their customers.... they are nonetheless sowing the seeds of their own destruction...," said Daimon Mwakyembe, chairman of the Tanzania Consumer Advocacy Society (TCAS).

Presenting a paper recently on 'The Quality of Financial Services: a Critique From Consumers' Perspective,' Mwakyembe cited as an example of bad practice the banks and financial institutions which “have continued to overcharge consumers in terms of fees, interest rates and commissions – while others reject low income consumers out of hand as 'unbankable.'”

The occasion was a forum organized by the Government Controller & Auditor-General (CAG) in the nation's commercial capital, Dar es Salaam.

TCAS is a private, voluntary nongovernmental, non-partisan and nonprofit making organization that was registered as a company limited by guarantee in July 2007 under the Companies Act of 2002 (Chapter 212 of the Laws of Tanzania).

The Society’s mission is to provide an advocacy platform that would make consumers' voices heard, raise consumers' awareness of their rights, build consumers' ability to claim their rights, as well as make markets accountable and more responsive to consumers' needs and interests.

Observers say most of the banks and financial institutions operating in Tanzania siphon billions of shillings off their customers as a matter of course. This is partly because
of the latter's ignorance of their rights and dues, and partly because the reforms and extant legislation are silent on the matter.

Mwakyembe – who is a former director-general of the Tanzania Bureau of Standards (TBS) – said despite the reforms, fairness and transparency in the treatment of customers is not always ensured... And lack of capability on the part of customers is still being exploited negatively.

As a result, there is no mechanisms on how to curb abusive business practices by financial institutions at the national and international levels, and which adversely affect consumers.

Mwakyembe suggested that the (central) Bank of Tanzania and other relevant authorities need to urgently review the extant financial regulatory policies and legislation. The main objective this time should be to ensure that they – among things – reflect a wide view of consumer protection on ensuring proper business conduct.

It is noted that the Bank of Tanzania, which has the mandate to supervise the banking and financial industry as a whole, has no straightforward consumer protection guidelines.

He said this situation will not favour the survival of financial institutions in the long run.

"Good quality service is a product of right consumer protection and is, thus, the new paradigm that is defining – and, indeed, influencing – the entire economic sector and economic relations," he said.

The International Monetary Fund's review of regulatory systems in 2004 did (among other things) advise on “stipulation and clear identification of common regulatory themes for consumer rights promotion and protection,” Mwakyembe noted.

"Despite efforts in addressing the competitiveness of the financial sector, consumer abuse and rights violation are on the rise, and are directly affecting the economic welfare of many consumers," he stressed.

Noting that gthe main part of poor services in Tanzania's financial market is contributed to mainly by lack of consumers' awareness on their rights when making choices,h Mwakyembe stressed that "inadequate consumer awareness on their rights and obligations is the main stumbling block for realization of good services...

"Yet, if there is one area that the financial sector could use to address its economic malaise and ensure its sustainable future, it is through the provision of financial education to consumers.h

This would be in line with the implementation of the United Nations Consumer Protection Guidelines of 1999 which encourage Governments and institutions to work out clear, fair, guidelines that protect the interest of consumers.h

A research conducted in 2007 by the Finscope Group showed that, gin order to strengthen financial institutions in any country (including Tanzania), there is a need to promote financial capability to consumers.h

This includes gempowering people to be capable of managing their financial assets and liabilities, to understand their rights and responsibilities vis-a-vis financial institutions.h

Mwakyembe: "in my view, financial education to consumers should focus on building financial discipline, managing their incomes, boosting their saving behaviour and the promotion of risk mitigation," he concluded.

In another development, auditor-general of Sweden, Eva Lindstrom, commended the National Audit Office of Tanzania for taking the initiative to organise the forum which, she said, was پgrelevant and timely.پh

In these times of financial crisis, Lindstrom said, “Supreme Audit Institutions in many countries are challenged to properly address the audit of financial supervisory agencies that are aiming at consumer protection and mitigating the risks that large sums of taxpayers' money will have to be used for the rescue of the financial system.”

Noting that gthe events of the past year have highlighted the significance of financial supervision,h she said that financial markets and their institutions must operate in a highly competitive environment – and there will always be efforts made to circumvent the regulations.

gA strong, independently-organized financial supervisory authority is, therefore, of the highest importance for the stability of the economy and taxpayers.”

The global financial crisis also pointed to the importance of supervision of not only separate financial institutions, but also of the entire financial system.

Moreover, the Swede said, new regulations on financial markets will need to be introduced in the years to come, globally.

Supervision of cross-border banks will have to be improved – which will most certainly mean more cooperation between financial supervisory agencies in different countries.

Lindstrom observed that central banks failed to foresee the effects of the deterioration of markets that led to liquidity problems. To that effect, monetary policies need to take into account financial stability... And it is within the mandate of central bank to monitor and handle monetary conditions.

“The Supreme Audit Institutions have an important role to play in monitoring the operations of the financial supervisory agencies. Those agencies make up a vital part of the financial infrastructure, and when that infrastructure fails, the costs of that failure are most often transferred to the taxpayers,” she elaborated.

gThus we, as auditors, must make sure that we have the knowledge and competence required to audit these agencies.h

According to her, gauditing will create confidence in the system, an asset which is vital in promoting effective financial markets and stable economic growth.h

Wednesday, January 27, 2010

AS EAC COMMON MARKET LOOMS UP LARGE... Activists in Tanzania cry out for consumer protection

The Business Times of Friday, 15 January 2010 10:53
BY ERIC TOROKA
A FULL Customs Union became a reality within the East African Community on January 1 this year ... And – as the Community hurtles into a Common Market regime that is tentatively slated to become operational come next July – activists in Tanzania have come to the fore in the fight for consumer protection in ways more than one.

In the looming advent of a Common Market, deliberate efforts need to be taken sooner than later to ensure effective protection of the interests of consumers as a whole.

Steps must also be taken to promote and enforce fair competition at the marketplace wherever and whenever possible, with the interrelated objectives of driving prices down, as well as improving the quality goods and services.

This should be in a win-win situation in which all stakeholders benefit: businesses and consumers in particular, and the economy at large.

The envisaged EAC Common Market – whose Establishment Protocol was signed by the Heads of State of the five EAC member countries in Arusha on November 20, 2009 – will come into effect across the entire Community on July 1, 2010... But only – and if only – the National Legislatures of the five States: Kenya, Uganda, Rwanda, Burundi and Tanzania ratify the Protocol in the interim.

In the event, certain quarters in Tanzania consider it prudent for the relevant authorities and economic moguls – including the Government and players in the private sector – to urgently put in place the requisite mechanisms for ensuring that Tanzania benefits maximally from the dual arrangements of a Customs Union and a Common Market.

Speaking to Business Times in an exclusive interview held in Dar es Salaam this week, the executive director of the Tanzania Consumer Advocacy Society (TCAS), Bernard Kihiyo, said Tanzania requires to identify, prepare and adopt a serious approach that would ensure smooth, 'mortise-and-tenon' entry of the country into what is a relatively new economic and financial regime.

"We are having a laissez-faire approach on very important issues and, as such, need to remove all barriers to creative thinking sooner than later,” Kihiyo said, further counseling against negativisms like “ 'the Customs Union, Common Market won't work;' 'we don’t have capital;' 'why change;' 'we can't get there;' 'we are better off as it is'; 'may be in 20-30 years to come...' As Mwalimu Nyerere always said: 'it can be done play; just your part,'" Kihiyo elaborated.

In his view, the executive director says, “Tanzania will certainly benefit a lot from the envisaged Common Market. For starters, the country has a considerable store of comparative advantages that include a phenomenal endowment of natural resources which the other member countries don't have.

“These include precious minerals, swathes of forestry and fisheries, livestock, water resources, large tracts of arable land; a reasonably good climate, human capital, and socio-political stability/security.

“Then, its geographical location that puts Tanzania in an entrepot trading advantage vis-a-vis the six landlocked 'neighbouring' countries of Uganda, Rwanda, Burundi, Eastern DRC, Malawi and Zambia,” Kihiyo says.

But, all that notwithstanding, he says, “there still is a real need for the Government in Dar to invest heavily in the country's infrastructure and logistics. Among these are the need to revamp and otherwise put in place transport and transportation (including port and warehousing facilities), state-of-the-art telecommunications, as well as stable and adequate utility supplies (power, water, etc).

“If we want to excel under the proposed Customs Union and Common Market conditions, we must also revamp the country's legal and other regulatory/procedural frameworks; hospitality industry facilities; insurance and financial services; a highly educated/skilled workforce, and many other supporting facilities,” he enumerated.

“ There is indeed a need to invest heavily in the quality of labour that can produce goods and services for the expanded, more competitive regional market. We need to train lots of service providers on the concept of consumerism so as to enable them
render excellent customer services as a matter of course.

“We have to establish good policies that allow businesses and consumers alike to enjoy in full the benefits of a Common Market.

"Our business entities must undergo transformation in the way they regard, handle and treat customers. The conception of who a consumer is in the business context has to be changed from one of what is now regarded as a 'human cash dispenser' into an essential element for the healthy existence of businesses. Such a transformation has far-reaching effect on the provision of goods and services to customers, so that the servicing of the requirements of customers will be at the heart of market philosophy in all sectors of the economy.

'Politically-motivated slogans won't get us far in the socio- economic developmental stakes... We must leave no loopholes for unscrupulous players to take unfair advantage of the Common Market at the expense of 126m East Africans.'

“Not only would knowledge and practice of this concept aid in
improving the provision of quality services that would, in turn, lead to increased success in business at the coming regional Common market; it would also spell greater success in the local market as well," Kihiyo stated.

Noting that the Common Market will bring together about 126.2 million consumers with a combined purchasing power of about US$60 billion, Kihiyo said this “will certainly stimulate economic growth for the entire region... However, a lot of changes must be made in the way business is currently done.

"This is a big market which no business worth its name can ignore. There will be free movement of persons, labour, goods, services, and capital. There will be rights of residence.

There will be fewer or no market restrictions against any registered/licensed business entity to conduct business in any of five member states. But the most critical question one has to ask is, how far prepared are consumers and businesses in the region to meet the challenges of the EAC Common Market – and, in the event reap to the maximum possible the benefits of the new regime," he said, adding emphatically that “the region must be looked at – and seen – as a Bigger Picture!”

For his part, the chairman for Consumer Society, Daimon Mwakyembe, told Business Times that "part of the reasons which led to the collapse of the former EAC in 1977 was ideological differences. This shouldn’t be the reason this time!”

Noting that the 'new' EAC was officially revived on July 7, 2000, Mwakyembe said “all the five EAC member states are practising free market economy whereby the prices of goods and services are determined in a free market pricing system governed by the laws of supply and demand.

“However, a Common Market alone may not guarantee outcomes that are efficient and in the public interest. In the real world, the benefits of a Common Market do not exist in pure form – due to human nature of greed,” he said.

Nonetheless, consumers are likely to benefit more in a Common Market that outside one, he argued.

"For one, there will be more business players competing for custom and consumers' money. Hopefully enough, there might be certain improvements in the quality of goods and services supplied at a reasonable and competitive market prices," he said.

Nonetheless, Mwakyembe – a former director-general of the Tanzania Bureau of Standards – said one main worry is likely to remain: how violations of consumer rights can be curbed within the Common Market...

“ As of now, consumer rights violation at the single country level are on the raise with the passage of time... The respective Governments seriously need to formulate and adopt legislation, mechanisms and programmes that are designed to effectively regulate, sensitize and popularize among the EAC citizenry
regarding their rights and responsibilities as we rush along
and into a Common Market in a matter of a few months,” the chairman counselled.

Mwakyembe admits that “remarkable efforts have been taken in Tanzania in recent years that led to the adoption of important statutes for consumer protection and regulation of a free market economy.”

This was accomplished with considerable cooperation and help in cash and in kind from the World Bank, the Tanzania Government and Parliament, as well as other stakeholders.

Mwakyembe named the important extant statutes on consumer affairs adopted in this decade as including the Energy & Water Utility Regulatory Authority Act (2001); the Surface & Marine Transport Regulatory Authority Act (2001); the Fair Competition Act (2003); the Tanzania Communications Regulatory Authority Act (2003), and the Tanzania Civil Aviation Authority Act (2003).

Others are the Tanzania Food & Drugs Authority Act (2003); the Bank of Tanzania Act (2006), “and many other written laws.”

Among the earlier ones are, of course, the Tanzania Bureau of Standards Act (1975, revised in 2009 – although not yet adopted!); and the Weights and Measures Act (1982).

Commenting upon the matter, a former director-general of the Small Industries Development Organization, Epaineto Toroka, said “there is also a need to have central bodies to regulate the Common Market if and when it comes into effect.

Noting that "the EAC countries already have so many bodies regulating labour, services, goods and rights of residence at the country level,” Toroka said “if we go into the Common Market, we will need to have central bodies to regulate it, too... Market weaknesses and loopholes within the EAC will need to be addressed and dealt with accordingly, as no one country can do it alone," Toroka stressed.

“The most appropriate way forward for the EAC member states is to go into a Common Market bloc. However, there must be intensive advocacy on what is the Common Market will all be about; what are the benefits in it for ordinary Tanzanians, Kenyans, Ugandans, Rwandans and Burundians – and what the disadvantages are!”

The PR, Media & Communications Manager for the Dar es Salaam-based Serengeti Breweries Ltd, Teddy Mapunda, told this write that, “if Tanzanians – and, indeed the other EAC members – really want to have a positive outcome in the coming years, beginning especially in 2010, then consumer protection within the Common Market must feature prominently in it...

“But this requires strong political will and commitment from those in power; they should undertake what we in the trade call 'consumer protection crusade' for the betterment of individual consumers, citizens and other stakeholders as a whole.

Noting that mere slogans – mostly politically-motivated – will not get us far in the socio-economic developmental stakes, Mapunda called for the powers-that-be “to make sure that there will not be loopholes which would enable unscrupulous players to take unfair advantage of the Common Market – and at the expense of 126 million East Africans.”