Our Responsibilities

Consumer Affairs operates within the Ministry of Culture and Social Rehabilitation’s Department of Human Affairs. We perform our duties according to the guidelines set out in Part II, Section 4, of the Consumer Protection Act 1999 (the Act). Under the Act, Consumer Affairs ensures that “unfair business practices” and “unconscionable acts” are not prevalent in everyday consumer business transactions.

Under Part III, Section II, the following examples would be considered unfair business practices:

Representations that goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or quantities they do not have;
A representation that products can be used in ways materially different from those for which they were designed;
A representation that a service, part replacement or repair is needed, if it is not;
A representation that a specific price advantage exists, if it does not.

The following would be considered unconscionable acts:

Taking advantage of a consumer who is unable to protect his own interest because of physical infirmity, ignorance, illiteracy, or inability to understand the language of an agreement;
Devising a transaction that is excessively one-sided in favour of someone other than the consumer.

Under Part IV, Section 20-22 of the Act, Consumer Affairs also ensures product safety. Product safety is subject to, but not limited to, the following:

Consumer goods that fail to comply with the general safety requirements of its place of original;
Consumer goods that fail to comply with the general safety requirements if they are not reasonably safe, having regard to all the circumstances;
The Minister may make safety regulations containing such provision, as he considers appropriate, for he purpose of ensuring that consumer goods are safe.

What Consumer Affairs can and cannot do when a consumer files a complaint.

A person can file a complaint with Consumer Affairs in one of the following ways – phone, fax, e-mail or on our web site. Once the complaint is received the details are entered into a complaint database system and the complaint/inquiry is then assigned to and reviewed by an Enforcement Officer.

In order for an Enforcement Officer to advise accordingly, the consumer is asked to:

Be completely honest and give all the facts relevant to their complaint.
Listen to the advice and reasons for recommending a particular course of action.
Accept that a solution may not always be found especially if no laws have been broken.
Understand that the office of Consumer Affairs deals with quite a few cases and all cases are handled in the order in which they are received. The Enforcement Officer usually calls clients back within 48 hours after receiving the complaint, depending on the volume of complaints that have been received.
Be patient and courteous to Consumer Affairs’ staff at all times even though you may be angry or upset or if the outcome is not to your satisfaction.

An Enforcement Officer then does the following:

Contacts the complainant for additional information and explains the law that is relevant to their case.
Gives the consumer practical ‘first step’ advice and include an explanation of the choices of actions that are available to the consumer.
Provides next step advice if the consumer is unable to achieve a successful outcome. This could include assistance in writing a complaint letter.
Mediate between the parties if the matter still cannot be resolved.

If an Enforcement Officer has reasonable cause to believe an offence has been committed by an individual or company under the Consumer Protection Act 1999, he or she has the authority to enter premises, seize any relevant documents and products and make test purchases.

If the mediation is not successful and the problem has not been resolved, the consumer is then advised to seek legal advice and/or have the case heard in a court of law.

Consumer Affairs cannot do the following:

Demand refunds, replacements or apologies from businesses on your behalf.
Pursue a complaint which is unjustified based on law.
Give legal advice.
Act as a legal representative on your behalf.
Give specific information about whether there has been a complaint against a trader.
Complain to a trader on your behalf.

Anonymous calls are not accepted. Complainants must give their real name.

All calls are treated confidentially, professionally and fairly.

Consumer Affairs does not deal with the following:

Water
Food
Controlled drugs as defined in the Misuse of Drugs Act 1972
Tobacco or tobacco products
Pharmaceutical or medicinal products available without prescription