The Competition and Fair Trading Commission (CFTC) would like to encourage consumers to exercise their rights during the festive season. The Commission is hereby warning traders that they are obliged to respect the rights of consumers as outlined under the Competition and Fair Trading Act (CFTA) and Consumer Protection Act of Malawi (CPA).
It is a requirement under both the CFTA and CPA that goods sold to a consumer must be safe, of satisfactory quality, fit for purpose, delivered within a reasonable time and must match any description given. If they don’t, the consumer has a right to repairs, replacement or a refund. Traders must also be aware that disclaimers that stipulate messages such as ‘no refunds on sale items’, ‘goods once purchased are not returnable’ are unlawful as consumers have the right to return defective products.
The Commission also wishes to reiterate that consumer rights as provided under the CFTA and CPA are enforceable regardless of the fact that an item or service is purchased on promotion or sale.
Traders have the following obligations:
- To ensure correct ingredients, measures or weights are indicated on goods
- Not to supply goods which can cause injury or harm to a consumer and which do not comply with the Malawi Safety Standards;
- To provide consumers with true, sufficient, clear and timely information on goods that are on offer
- Not to engage in any unfair trade practices
- Not to engage in deceitful or misleading conduct, including deceitful advertisement
Consumers are hereby encouraged to report any consumer violation that they may encounter to CFTC through our toll free line 2489.
For more information on this statement, please contact Innocent Helema on 0880725075 or email at [email protected].
ACTING EXECUTIVE DIRECTOR