Consumer protection in Botswana

The Consumer Protection Act 2018 protects a consumer who buys or uses goods or services for private purposes rather than resale, leasing, production or commercial gain. It also recognises rights to consumer education and a healthy environment. Suppliers must provide clear, complete information in plain language, display prices in pula and avoid charging more than the displayed price. Goods must be safe and of acceptable quality, services should be delivered on time and with appropriate quality, and delays should be communicated. Unfair or deceptive business practices and unfair contract terms can be challenged, and an unfair term may not be enforceable. For defective goods, a consumer can generally return the goods within six months after delivery in their original or merchantable state. The supplier bears the risk and expense of the return and should repair, replace or refund the goods. If the same defect returns within three months after repair, the consumer can seek replacement or a refund. A repaired item or new part carries a warranty of at least three months. The exact remedy can depend on the defect, the condition of the goods and the available evidence. A practical complaint usually begins with the supplier. If the supplier does not resolve the matter, the consumer can complain to the Competition and Consumer Authority, or CCA, for investigation, mediation or negotiation. A complaint can be submitted through a Consumer Protection Office by visiting an office, post, email, fax or online service. Useful evidence includes an invoice or receipt, warranty terms, the purchase agreement and correspondence with the supplier. CCA service information gives a target of 30 working days, and complaints can be made anonymously, although some sector regulators require the complainant's identity. CCA offices or access points are listed for Gaborone, Kanye, Maun, Selibe Phikwe, Jwaneng, Hukuntsi, Francistown, Ghanzi, Tsabong, Kasane and Serowe, generally Monday to Friday from 07:30 to 12:45 and 13:45 to 16:30, excluding public holidays. A matter may be referred to the Competition and Consumer Tribunal after investigation; the CCA's 2023/24 reporting indicates that its spot-fine powers are limited. Financial complaints follow different channels. A bank customer should first complain to the bank, then approach the Banking Ombudsman and, where appropriate, the Bank of Botswana's Director of Banking Supervision Department. Complaints about a non-bank financial institution normally begin with the regulated entity in writing and its Principal Officer. If the entity does not acknowledge the complaint within 10 working days or the response is unsatisfactory, the customer can approach NBFIRA and potentially the Non-Bank Financial Institutions Tribunal. Complaints involving forgery or criminal fraud should also be reported to the Botswana Police Service. These channels can address matters such as unfair fees, unauthorised transactions, loan conduct and credit information without turning this topic into general banking advice. For telecommunications, internet, mobile, postal and information and communications technology services, the customer should first use the provider's customer-service and internal escalation channels. Unresolved complaints can be submitted to the Botswana Communications Regulatory Authority, or BOCRA, under the Communications Regulatory Authority Act 2012. Billing, connection, repair, service quality and internet-contract disputes fall within this pathway. BOCRA states that it attends to receipt of a complaint within two working days, although complex cases can take longer. Consumers should retain contracts, bills and correspondence; sharing personal details with the provider may be necessary, while anonymity can limit assistance. Electronic signatures have legal equivalence to handwritten signatures under the Electronic Communications and Transactions Act 2014. Energy complaints concern licensed electricity, gas, coal, petroleum and solar or renewable-energy services. The customer should first exhaust the licensee's internal complaint procedure and then submit a written complaint, including the relevant BERA Form A process, to the Botswana Energy Regulatory Authority. The complaint may concern access, service quality, connection or network agreements, financial obligations, refusal of service or disconnection. The complaint settlement procedure provides for acknowledgement within two working days. Botswana Power Corporation lists customer channels including 0800 600 147, 16266, *192#, WhatsApp at 76606414 and contactcentre@bpc.bw. Medicine and health-product concerns require the right kind of response. A suspected adverse drug reaction can be reported to the Botswana Medicines Regulatory Authority through the MedSafety App, an electronic report or a health professional. Patients, caregivers and health professionals can report known or unknown reactions, serious or non-serious reactions, medication errors, lack of efficacy, abuse or misuse, and a complete report is not required. Reports are treated confidentially and there is no fixed reporting deadline stated here. A defective purchase or refund issue should go to the supplier and, if unresolved, the CCA; unsafe or non-conforming regulated products may also involve the Botswana Bureau of Standards or BOBS. Travel complaints can be raised with the travel supplier and, where the matter concerns unfair business conduct, with the CCA. The Botswana Tourism Organisation accepts comments, enquiries and accommodation feedback, but no adjudicatory redress power is evidenced for that channel. The Civil Aviation Authority of Botswana provides aviation safety and regulatory contacts, but no general passenger-compensation scheme has been verified. Botswana therefore has no evidenced general cooling-off right or package-travel compensation right in this research. Fraud requires immediate protective action. Secure the bank or mobile-money account and contact the provider, preserve receipts, messages and account data, and report suspected criminal conduct to the Botswana Police Service. Bank-conduct complaints can proceed through the bank, Banking Ombudsman or Bank of Botswana; non-bank financial matters can involve NBFIRA; deceptive selling and pyramid, multiplication or chain-letter schemes can be reported to the CCA. Never disclose a PIN or one-time password. Promoting or participating in a pyramid scheme is prohibited and can carry a maximum fine of P100,000, imprisonment for up to five years, or both.