Consumer Law
A broad understanding of The Hire purchase Act [Chapter 14:09], The Consumer
Contracts Act [Chapter 8:03] and The Contractual Penalties Act [Chapter 8:04] as
they affects the relationship between buyers and sellers. (These topics carry
weighting of 5% of the examination.)
Consumer Rights
1. The right to basic needs
This refers to the right to basic goods and services such as adequate food, health
care, sanitation, clothing and health. The right to basic food is synonymous to the
right to survive. Consumers of all age groups from infants to the aged should be
guaranteed of these basic necessities.
2. and 3. The right to Safety and Healthy environment
The right to safety calls for protection against marketing of products, production
processes and services which are hazardous to health or life. Consumers also have
the right to live in an environment which is neither threatening nor dangerous and
which permits a life of dignity and well-being.
4. and 5. The right to information and the right to choose.
The right to be protected against dishonest and misleading advertisements or
labelling. The right to be given the facts and information needed to make
informative choices. The right to choose products and services at competitive
prices with an assurance of satisfaction in quality.
6. and 7. The right to be heard and to redress
The right to be heard involves the right to be represented so that consumer's
interests receive full and sympathetic consideration in the formulation and
execution of social and economic policies. The right to redress entails the right to
be compensated for misrepresentation, shoddy goods and unsatisfactory services .
8. The right to consumer education
The right to consumer education entails the right to acquire knowledge and so as to
be an informed consumer in life. Click here to find out more about Consumer
responsibilities. It is your right to know more about how to become a member.
Consumer Responsibilities
For a member of the Consumer Council of Zimbabwe to fully serve himself/herself
and the community, he/she has to accept the accompanying responsibilities in
establishing a conducive environment to fair trade. Consumers have
responsibilities to meet and these are :
1. Critical Awareness
This refers to the responsibility of being inquisitive and questioning about the
availability, price and quality of goods and services we use. Consumption
decisions should not be self centred, but rational and sensible.
2. Action
The responsibility to assert ourselves act to ensure that we get a fair deal in the
market place. As long as we remain passive consumers, we will continue to be
exploited.
3. Environmental Awareness
This refers to the responsibility to understand the environmental consequences of
our consumption and actions. We should recognise our individual and social
responsibility to conserve natural resources and protect the earth for future
generations.
4. Social Concern
This is the responsibility to be aware of the impact of our consumption on other
citizens, especially disadvantaged and powerless groups whether in local , regional,
international.
5. Solidarity
This means the responsibility of the consumer to organise themselves into
powerful groups and develop the strength and influence to protect and promote
their interests.
Part II of the Hire Purchase Act Chapter14:09 (General Provisions Relating To
Agreements)
Section 4. Application of Part II.
Section 5. Provisions as to agreements
(1) Every agreement shall—
(a) be reduced to writing and signed by or on behalf of all the parties to the
agreement;
(b) contain a statement of the cash price..
Section 6. Supply of copies to purchaser –
It shall be the duty of the seller to hand or send by registered post to the purchaser a copy of any
agreement entered into between them as soon as possible after it has been entered into
Section 7. Provisions to be included in agreements
(1) Every agreement shall set out—
(a) (i) the amount of the purchase price of the goods; and
(ii) the amount paid or to be paid by the purchaser under paragraph (a) of
subsection (1) of section twenty-five; and
(iii) the amount of each of the instalments by which the purchase price is to be
paid; and
(iv) the mode of payment of such instalments; and
(v) the date or mode of determining the date on which each instalment is payable
Section 8. Invalidity of certain provisions –
(1) A provision of an agreement shall not be of any force or effect if it provides, whether
expressly or impliedly, that—
(a) the seller or any person acting on his behalf is authorized to enter upon any
premises for the purpose of taking possession of goods which are the subject of
any agreement, or is relieved from liability for any such entry;.
Section 9. Purchaser entitled to certain information.
Section 10. Removal of goods
(1) It shall be lawful for the seller of goods under a hire-purchase agreement to stipulate
—
(a) that the purchaser shall record his address in such agreement; and
(b) that, if before the ownership of the goods has passed to the purchaser the
purchaser changes such address or at any time removes or allows such goods or
any part thereof to be removed from any premises for keeping at other premises,
he shall, prior to such change of address or removal, notify the seller or his agent
in writing of all or any of the following particulars—
Section 11. Removal of goods from Zimbabwe.
(1) It shall be lawful for the seller of goods under a hire-purchase agreement to stipulate
that the purchaser shall not remove or permit the removal of the goods from Zimbabwe
without the consent of the seller.
Section 12. Conditions and warranties implied in agreements.
(1) In every agreement there shall be—
(a) an implied warranty that the purchaser shall have and enjoy quiet possession
of the goods;
Section 13. Appropriation of payments made in respect of agreements.
Section 14. Negotiable instruments.
Section 15. Right of purchaser to be reinstated after return of goods to seller.
Section 16. Right of purchaser to pay outstanding balance of purchase price.
Section 17. Passing of ownership.
The ownership in any goods which are the subject of a hire-purchase agreement shall pass to the
purchaser upon payment of all sums payable by him in terms of the agreement.
Section 18. Right of purchaser to terminate hire-purchase agreement.
(1) A purchaser shall, at any time before the final payment under a hire-purchase
agreement falls due, be entitled, upon the return to the seller of any goods which are the
subject of the agreement, to terminate the agreement by giving notice of termination in
writing to any person entitled or authorized to receive the sums payable under the
agreement.
Section 19. Special provisions as to installation charges.
Section 20. Disposal of goods upon termination of agreement.
Section 21. Powers of the court.
Section 22. Waiver of rights by purchaser.
No waiver by any purchaser of any right under this Act shall be of any force or effect.
Section 23. Agreements binding on liquidator or trustee of seller.
Section 24. Insolvency of purchaser.
Section 25. Initial payments and periods for repayment.
Section 26. Obligation of buyer to pay instalments to be suspended in certain circumstances.
Section 27. Time limit for certain actions.
Section 28. Control over purchase price.
