The Lusaka High Court has upheld the decision of the Competition and Consumer Protection Tribunal allowing the Competition and Consumer Protection Commission to fine Mama Africa Enterprise Limited 0.1 percent of its Annual Turnover for displaying a disclaimer on a receipt contrary to section 48(1) of the Competition and Consumer Protection Act no 24 of 2010 (the Act).
The court clarified that putting a disclaimer on a receipt was tantamount to displaying it; as such Mama Africa contravened section 48 (1) of the Act and should therefore pay the fine.
CCPC Director for Legal and Corporate Affairs Maureen Mwanza, said in this matter a fine was imposed by the Commission on Mama Africa for displaying a disclaimer on a receipt.
Mama Africa appealed the Commission’s decision in its entirety to the Competition and Consumer Protection Tribunal, which
Mrs Mwanza said that the enterprise further appealed the decision of the Tribunal to the High Court which in turn upheld the Tribunal’s decision.
Mrs Mwanza said the Commission wishes to convey a word of caution to traders across the country that the Commission would not hesitate to fine any enterprise that would be found abrogating the law by curtailing consumer rights and denying consumers remedies that they were legally entitled to.
“We would like to warn enterprises which take to engaging in such unfair trading practices as display of disclaimers be it on receipts or any other conspicuous place that such conduct constitute an offence punishable by law,” she said.
She said that offenders would be subjected to punitive measures as outlined in the Competition and Consumer Protection Act.
Mrs Mwanza appealed to members of the public to be vigilant and ensure that they check for disclaimers as they engage in day to day business.