Legal framework for consumer protection in Tanzania

 

INTRODUCTION

Consumer protection encompasses all measures and strategies aimed at safeguarding consumers’ rights and interests when utilizing products or services provided by business firms[1]. Consumer protection is a broad topic which cover a number of areas and industries such as finance, e-commerce, telecommunication, aviation, energy and water utilities, transportation, industrial products[2] etc. In many countries include Tanzania, rights and interests of consumers of products and services are protected by laws and regulations so as to ensure only good products and services are utilized by citizens. Unregulated products or commodities are likely to be of less quality hence may cause health problems. On another side, unregulated services are likely to impose danger to the society and cause economic and legal problems[3]. Consumers’ protection laws intend to protect citizens from defective or dangerous goods or services, and to protect consumers from fraudulent business practices. A well-functioning consumer protection regime must ensure that, consumers of goods and services are protected against unsafe and faulty products, and are protected from unfair terms and conditions in contracts. Consumer protection laws lays basic standards for providing services or for producing goods of the required quality, consumers are exposed to free market where they can choose products basing on their interests without being influenced by deceptive and unethical business practices.

Consumers protection is not a new concept in Tanzania because it existed even during British colonial period in Tanganyika. The colonial government utilized various laws and existed institutions to protect interests and wellbeing of consumers. It is true that, there was no one specific or unified legislation governing consumers’ rights and protection, but there was a number of provisions from different legislations which were governing consumers’ rights and protection. One good example of the legislation which governed consumers rights even during British colonial period is Penal Code[4]. This law was enacted by British colonial government during 28^th day of September 1945, the enactment was later adopted in our domestic legislations during independence and it went through several amendments to date. Section 180 - 186 of Penal Code, notwithstanding the time when it was enacted, it restricts the pubic to trade on adulterated products ranging from pharmaceuticals, foods and drinks. Section 181 prohibits sales of noxious foods or drinks to the public while section 183 prohibits adulteration of drugs.

Although these sections have been there even before independence, and later adopted in our municipal legislations, its implementation was limited and impossible until when Tanzania Food, Drugs and Cosmetics Authority was established by the Act[5] of parliament. It is worth noting that, Penal Code was the earliest legislation and foundation of legal framework governing consumers’ protection in areas of food, drinks and pharmaceuticals. Unfortunately, these offences were provided without punishment, an accused may be sentenced basing on discretion of the court and under Minimum Sentence Act[6]. Tanzania’s legal framework for consumer protection draws from international and regional legal instruments, as well as domestic legislation. This article seeks to analyze the legal framework for consumer protection in Tanzania, including the laws, regulations, and policies in place to protect consumers’ rights and interests.

LEGAL FRAMEWORK FOR CONSUMER PROTECTION IN TANZANIA

Tanzania has a robust legal framework for consumer protection, consisting of various laws, regulations, and policies. The most significant legislations on consumer protection include the Fair Competition Act[7], the Weights and Measures Act[8], the Food and Drugs Act[9], and the Electronic and Postal Communications Act[10].

I.          The Fair Competition Act

The Fair Competition Act (FCA) and its regulations, is a major legislation governing consumer protection in Tanzania. The FCA was enacted in 2003 and commenced on 12^th of May 2004, it replaced the Consumer Protection Act of 1986. The enactment was seeking to protect consumers from risks associated with consumption of unregulated goods and services. The Act outlines a range of consumer rights, including the right to information, the right to choose products or services, and the right to compensation for damage resulting from unsafe and faulty goods or services. The legislation empowers all organs or boards established under it, to function in a free environment without unnecessary interference and pressure from the public. The FCA applies to all commercial activities and institutions which engaged in trade for profit-making.

Section 92(1) of the FCA[11] establishes the National Consumer Advocacy Council (NCAC) as the main agency responsible for consumer protection in Tanzania. The NCAC is a body composed of not less than five members but not more than ten, who are appointed by the minister to form the council. The minister is responsible to appoint a chairman of the council among members while a deputy chairman will be elected by members amongst themselves by votes. Before appointment of NCAC members, the minister must prior publish a notice on the government gazette inviting nominations from the public. The names of all nominated will be published in a most circulating Newspaper for public comments. After public opinion, the minister will proceed to appoint all members between five to ten members.

As per section 93(1)(a), the NCAC is given powers to enforce FCA, to represent the interests of consumers and providing information on consumer rights. To receive and disseminate news, views and opinions of citizens on particular goods or services. Also, NCAC is given powers to establish regional and sector consumer committee which are responsible to communicate consumer issues from regions or sectors to NCAC. The council is also empowered to carry research and to disclose its findings to the public concerning consumer protection. Members of NCAC are given immunity from civil suits arising from acts or omission done with good faith while carrying their official duties. The Council is given powers to inquire information from any business entity after consultation with Fair Competition Commission. FCC is responsible for both fair competition and consumer protection while NCAC is responsible for consumer protection only.

II.         The Weights and Measures Act

The Weights and Measures Act[12] was enacted in 1983 and came to force in 1985. The legislation provides for the standardization of weights and measures used in trade in Tanzania. It aims to ensure that, consumers receive the correct weight and quantity of products they purchase, promoting fair trade and preventing fraud. Section 11 and First Schedule of the Act provides for permitted weights and measures that may be used in trade in United Republic of Tanzania. All weights and measures must be inspected and approved by the commissioner for weights and measurements prior being used. It is a criminal offence using a defective or un-inspected weights or measures in trade. Section 13 of the Act requires all measurements and weights which are used in trade to be inspected and stamped by the commissioner for weights and measurements before being used. The commissioner is the chief officer responsible for the quality of weights and all measurements. Unfortunately, the law does not establish an authority responsible for weights and measures, but it provides the appointment of the commissioner for weights and measurements by President and appointment of assistant commissioner by a responsible minister hence the commissioner is the established authority even through there is no name for the authority.

Several other offences are established between section 32 and 53 such as forgery of stamps on weights, use of unauthorized weights and measure, use of false or unjust instruments, making or selling unjust measures etc. The general punishment of these offences is fine between 0ne hundred thousand shillings and above or imprisonment for period not exceeding three years.

III.       The Food, Drugs and Cosmetics Act

The Food, Drugs and Cosmetics Act[13], enacted in 2003 and went through several amendments until 2019. It provides for the regulation of food, drugs and cosmetics products in Tanzania, ensuring that they are safe for human consumption. Section 4 of the TFDA establishes the Tanzania Food and Drugs Authority (TFDA), which is responsible for regulating and monitoring the manufacture, importation, and sale of food and drugs in Tanzania. The authority is an agency with a common seal and operates in accordance to Executive Agencies Act of 1977. As per section 5(1) of the Act, TFDA is imposed duties to regulate all matters concerning quality, and safety of food, drugs, herbal drugs, medical devices, poisons and cosmetics. The Authority regulates importation, labelling, storage, sell and distribution of food and drugs. TFDA promote correct use of drugs and foods for better health and given duty to provide grants to individuals or small organizations carrying research on food and drugs. The authority is also given mandate to ensure the authority is linked to regional and international organization responsible for food and drugs at global and regional level.

TFDA is governed by Director General as per 8(1) of the Act who is an appointee of the responsible minister after consultation with the Civil Service Commission. The Director General is the head of the agency and he will be responsible for day to day activities of the agency, management of funds and disciplines of the employees.

IV.        The Electronic and Postal Communications Act (EPOCA)

The Electronic and Postal Communications Act[14], enacted in 2010, provides for the regulation of electronic and postal communications in Tanzania. It seeks to protect consumers’ rights in electronic and postal communications by establishing standards for service providers and addressing issues such as spam and unsolicited communications. In addition to these Acts, there are other regulations and policies in place to protect consumer rights in Tanzania. For instance, the National Standards Council publishes standards for goods and services sold in Tanzania, ensuring they meet the required quality standards. The Ministry of Industry and Trade also established a Code of Conduct for Business, which outlines ethical practices that businesses should follow to protect consumers’ interests.

OTHER RELEVANT LEGISLATIONS

I.                    Energy and Water Utilities Regulatory Authority Act

EWURA Act is a legislation which govern energy and water utilities in United Republic of Tanzania. The Act under section 4, establishes an authority known as Energy and Water Utilities Regulatory Authority, which is a body corporate with perpetual succession imposed with a number of duties concerning firms in energy and water industry. As per section 6 of the EWURA Act, it is the duty of the authority while carrying its functions, to enhance the welfare of Tanzania society by promoting fair competition and consumer’s interests, enhancing public knowledge on the regulated sectors together with their rights. EWURA is also given mandate to enhance public knowledge on handling complaints and suits against business firms which infringement consumers rights. EWURA is given mandate to establish rules and standards of supply of goods and services. EWURA is given powers to settle disputes between business firms in aviation industry and to govern all other activities imposed to it by EWURA Act and its rules, orders and regulations.

Energy and Water Utilities Regulatory Authority is governed by two ministries, ministry of energy and ministry of water. The authority may act upon instructions of minister of energy and minister of water because both of them are given authorities of these ministries[15].

II.                 Tanzania Communication Regulatory Authority Act

 

The Tanzania Communication Regulatory Authority (TCRA) is a body established under section 4 of the Tanzania Communication Regulatory Authority Act. The authority is given power to regulate telecommunications, broadcasting, postal services and other media related activities. The authority is also empowered to supervise, allocate and manage radio spectrum and other ICTs applications. TCRA is among few public institutions with wide range of mandate imposed over it. Apart from above functions and responsibilities imposed to the authority, TCRA is charged with functions to promote fair competition and to protect interests of consumers, to promote availability of regulated and quality services as provided under section 5 of the Tanzania Communication Regulatory Authority Act.

III.       The Civil Aviation Act

The Act[16] under section 29(1) establishes an authority to be known as Tanzania Civil Aviation Authority which is a body corporate with perpetual succession capable of suing and be sued in its own name. The corporate is capable of possessing and disposing all kind of properties such as real properties and movable properties in a way same as all other companies[17]. TCAA is given official duties under section 30 of the Act to perform a number of functions such as to promote effective competition and economic efficiency, to protect the interests of consumers, to promote availability of regulated service to consumers etc. To ensure fair competition, TCAA[18] is given mandate to establish rules and standards of supply of goods and services. TCAA is given powers to settle disputes between business firms in aviation industry and to govern all other activities imposed to it by Civil Aviation Act and its rules, orders and regulations.

INTERNATIONAL AND REGIONAL LEGAL INSTRUMENTS ON CONSUMER PROTECTION

The protection of consumers’ rights is a global concern. As such, several international and regional legal instruments have been developed to promote and protect consumer rights, with Tanzania being a signatory to many of these instruments. One of the most significant international legal instruments on consumer protection is the United Nations Guidelines for Consumer Protection, adopted in 1985. The guidelines outline principles that should guide government policies, legislation, and regulations to protect consumers. They include the right to safety, the right to be informed, the right to choose, the right to be heard, the right to redress, and the right to consumer education. Tanzania is also a signatory to regional instruments on consumer protection, including the East African Community (EAC) Common Market Protocol and the African Union (AU) Guidelines for Consumer Protection. These instruments aim to promote regional integration and cooperation in consumer protection. The EAC Common Market Protocol provides for the protection of consumers by ensuring the free movement of goods and services within the EAC region while maintaining high levels of consumer protection. It also provides for the establishment of a regional consumer protection agency, which would promote cooperation and information-sharing between member states.

CONCLUSION

Consumer protection is crucial in ensuring that consumers are protected from unfair trade practices, substandard products, and unsafe goods. Tanzania has a comprehensive legal framework for consumer protection, drawing from international, regional, and domestic legal instruments. The legal framework includes various Acts of Parliament, regulations, and policies, which protect consumer rights in different areas of trade and commerce. The success of the legal framework for consumer protection depends on effective enforcement mechanisms, and Tanzania has regulatory bodies such as the FCC, the CPC, and the TFDA, which are responsible for enforcing consumer protection laws. While the regulatory bodies have made significant strides in protecting the interests of consumers in Tanzania, there is a need for continued education and awareness-raising campaigns to ensure that consumers are informed about their rights and obligations, and that businesses are held accountable whenever they infringe on these rights.

 

REFERENCE

BOOKS

Adam Smith The Wealth of Nations (Harmondsworth, Eng: Penguine Books) pg 782.

 

LEGISLATIONS

Penal Code [Cap 16 R.E 2019] s.180 – 186

Tanzania Food, Drugs and Cosmetics Authority Act of 2003

Minimum Sentence Act [Cap 64 R.E 2019]

Fair Competition Act [ Cap 285, R: E 2009] s. 5(2)(a) and (b).

The Weights and Measures Act, Cap 340 of 1983]

The Food, Drugs and Cosmetics Act [ Cap 219, R: E 2019]

Electronic and Postal Communications Act, No 3 of 2010

 

OTHER SOURCES

Asean Consumer, “consumer protection” Retrieved at https://aseanconsumer.org/cterms-consumer-protection [Accessed April 8, 2023]

Lexology, “consumer protection” Retrieved at https://www.lexology.com/library/detail.aspx? [Accessed April 8, 2023]

Vedanta, “Importance of Consumer Protection” Retrieved at https://www.vedantu.com/commerce/importance-of-consumer-protection [Accessed April 8, 2023]

Tcaa, “Civil Aviation Authority” Retrieved at https://www.tcaa.go.tz/ [Accessed April 8, 2023]

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[1] Asean Consumer, “consumer protection” Retrieved at https://aseanconsumer.org/cterms-consumer-protection [Accessed April 8, 2023]

[2] Lexology, “consumer protection” Retrieved at https://www.lexology.com/library/detail.aspx?g=14f7c4ad-0302-4a51-88a5-a70b18c7750a [Accessed April 8, 2023]

[3] Vedanta, “Importance of Consumer Protection” Retrieved at https://www.vedantu.com/commerce/importance-of-consumer-protection [Accessed April 8, 2023]

[4] Penal Code [Cap 16 R.E 2019] s.180 - 186

[5] Tanzania Food, Drugs and Cosmetics Authority Act of 2003

[6] Minimum Sentence Act [Cap 64 R.E 2019]

[7] Fair Competition Act [ Cap 285, R: E 2009] s. 5(2)(a) and (b).

[8] The Weights and Measures Act, Cap 340 of 1983]

[9] The Food, Drugs and Cosmetics Act [ Cap 219, R: E 2019]

[10] Electronic and Postal Communications Act, No 3 of 2010

[11] ibid

[12] ibid

[13] ibid

[14] ibid

[15] ibid

[16] ibid

[17] Tcaa, “Civil Aviation Authority” Retrieved at https://www.tcaa.go.tz/ [Accessed April 8, 2023]

[18] ibid