CONSUMER PROTECTION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Consumer Protection Regulations

Consumer Protection (Year 2000 Compliance) Regulations

CONSUMER PROTECTION (YEAR 2000 COMPLIANCE) REGULATIONS

(under section 19)

(21st December, 1999)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Compliance

3. Organisation etc., to conduct inventory and furnish returns

4. Organisation to disclose information on request

PART III
Conditions of Future Sales of Computers

5. Selling or use of non-compliant computers

6. Year 2000 compliant warranty

7. Body corporate liability

8. Failure to comply with Regulations

S.I. 118, 1999.

PART I
Preliminary (regs 1-2)

1. Citation

These Regulations may be cited as the Consumer Protection (Year 2000 Compliance) Regulations.

2. Interpretation

In these Regulations unless the context otherwise requires—

“computer equipment” includes any computer hardware, computer software, magnetic media devices and any system for the electronic storage, processing, transmission and sequencing of any type or form of data;

“embedded chip technology or embedded chip systems” means any equipment which contains, whether in the form of micro-chips or any other electronic circuit the capacity to electronically store, process, transmit or sequence data of any form including date related data;

“swing date” means the procedure or method used in computer equipment for determining the year of date related information by reference to the decade and year or the last two digits in date related information in order to determine the century applicable to such date related information;

“year 2000 compliant” means a computer or computer equipment containing embedded chip systems that shall recognise, and operate correctly and be fault free after the date change from 31st December, 1999 to 1st January, 2000 and shall also recognise that the year 2000 is a leap year;

“year 2000 return” means a written inventory and statement of computer equipment or equipment containing embedded chip technology specifying the information stipulated under regulation 3.

PART II
Compliance (regs 3-4)

3. Organisation etc., to conduct inventory and furnish returns

(1) Every organisation, business or company providing goods or services to consumers shall, if so required by the Consumer Protection Office—

(a) conduct an inventory of all its computer equipment and any other equipment containing embedded chip systems;

(b) ascertain whether such computer equipment or equipment containing embedded chip system—

(i) correctly and fault free recognises the date change from 31st December, 1999 to 1st January, 2000; and

(ii) would operate fault free after the said date change;

(i) the quantity, type and model of each computer or computer equipment used;

(ii) the make, type and year of release of all software used;

(iii) the make, type and model of all equipment containing embedded chip systems used; and

(iv) whether or not each computer or computer equipment is year 2000 compliant.

(2) An inventory and returns conducted in accordance with subregulation (1) shall be furnished to the Consumer Protection Office.

(3) Any person who fails to comply with the provisions of subregulation (1) commits an offence and shall be liable on conviction to a fine not exceeding P500 or in default of payment to imprisonment for a term not exceeding six months or to both.

4. Organisation to disclose information on request

(1) Every such organisation, business or company shall disclose to the Consumer Protection Office, upon written request being received by the organisation from the Office, any information held exclusively by it, the effect of which information would be to assist the Office to render their computer equipment year 2000 compliant.

(2) No seller or manufacturer of computer equipment may be compelled to release information to any other person, the effect of which would be to render the computer equipment of the person requesting it year 2000 compliant without charge, and which information would ordinarily in the course of business, be for sale to the general public by such seller or manufacturer.

PART III
Conditions of Future Sales of Computers (regs 5-8)

5. Selling or use of non-compliant computers

(1) No manufacturer or seller of computer equipment or equipment containing embedded chip system or embedded chip technology shall sell to any other person, whether for the person’s private use or otherwise, any computer equipment or equipment containing embedded chip system or embedded chip technology which is not year 2000 compliant unless the non-compliance is clearly stated and the purchaser understands the implications of such non-compliance.

(2) If in the view of the Consumer Protection Office the continued use of non-compliant computer equipment or equipment containing embedded chip system or embedded chip technology is likely to cause prejudice to consumers, the Consumer Protection Office may instruct the user to desist from such use.

(3) Any person who contravenes subregulation (1) or fails to comply with an instruction under subregulation (2) commits an offence and shall be liable on conviction for a first offence, to a fine not exceeding P500 and for a second or subsequent offence to a fine not exceeding P500 for every day upon which the offence is or continues to be committed.

6. Year 2000 compliant warranty

(1) No manufacturer or seller, shall warrant a non-year 2000 compliant computer equipment or equipment containing embedded chip system or embedded chip technology manufactured or sold by him to be year 2000 compliant.

(2) A manufacturer or seller of computer equipment or equipment containing embedded chip systems or embedded chip technology which is manufactured or sold as being year 2000 compliant shall on demand by a person that purchases such equipment provide to such person a written warranty or like statement that the equipment is year 2000 compliant.

(3) A manufacturer or seller shall on demand provide a person that has purchased warranted equipment in accordance with subregulation (1) with test results or a certificate confirming that—

(a) the computer equipment is year 2000 compliant; and

(b) in the event of the computer equipment utilising a swing date, the date up to which the relevant computer equipment will be able to effectively operate and process data including date related data is on a fault free basis.

(4) Any person who contravenes the provisions of this regulation commits an offence and shall be liable on conviction for a first offence to a fine not exceeding P500 and for a second or subsequent offence to a fine not exceeding P500 for every day upon which the offence is or continues to be committed.

7. Body corporate liability

Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any other person who was purporting to act in such capacity, he, as well as the body corporate, shall be guilty of an offence and be liable in terms of these Regulations.

8. Failure to comply with Regulations

The Consumer Protection Office may conduct an investigation against any person who fails to comply with the provisions of these Regulations, in accordance with Part III of the Act, and may cause civil proceedings to be instituted against such person in accordance with Part IV of the Act.

CONSUMER PROTECTION REGULATIONS

(section 47)

(2nd December, 2019)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Lodging of complaint

3. Service of summons

4. Investigation officer to produce identity card

5. Form of arrangement to settle complaint

6. Referral to the Tribunal

SCHEDULE

S.I. 67, 2001,
S.I. 157, 2019.

1. Citation

These Regulations may be cited as the Consumer Protection Regulations.

2. Lodging of complaint

(1) A complaint against violations of the Act to be lodged in accordance with section 29 of the Act shall be made to the Authority in Form A set out in the Schedule.

(2) The Authority shall, within 30 days of receiving a complaint made in accordance with subregulation (1) make available to the complainant a report containing recommendations as to whether or not there are sufficient grounds to warrant the investigations of an unfair business practice.

3. Service of summons

(1) A person summoned, in terms of section 31 of the Act to furnish any information on the subject of an investigation, shall be summoned in Form B set out in the Schedule.

(2) Service of the summons on the person to be served, shall be effected in one or other of the following manner—

(a) by delivering a copy thereof to the said person personally;

(b) by leaving a copy thereof at the place of residence, employment or business of the said person with the person apparently in charge of the premises at the time of delivery, being apparently not less than 16 years;

(c) in the case of a corporation, by delivering a copy to the company secretary or other person in charge of administration at the corporation’s registered office or principal place of business;

(d) in case of a consumer organisation, by delivering a copy to the person in charge of administration at the consumer organisation’s principal place of business; or

(e) where a local authority or a statutory body is to be served, by delivering a copy to the town clerk or assistant town clerk of such local authority or to the secretary of such body.

(3) A person appearing before the authority in response to a summons shall be paid a daily rate of P100 as a witness.

4. Investigation officer to produce identity card

(1) An investigation officer shall identify himself or herself with the identity card issued in terms of subregulation (2) before commencing any function of investigation in accordance with these Regulations.

(2) An investigation officer shall be issued with an identity card in Form C, set out in the Schedule in accordance with section 4 of the Act.

5. Form of arrangement to settle complaint

(1) An arrangement concluded in accordance with section 34 of the Act shall be in Form D set out in the Schedule and shall be signed by the parties to the arrangement and witnesses thereof.

(2) A complainant who receives a settlement in accordance with subregulation (1) shall complete an acknowledgment of settlement in Form E set out in the Schedule.

6. Referral to the Tribunal

(1) A referral to the Tribunal, whether by the Authority or by a complainant in accordance with section 36(7)(a) of the Act, shall be in Form F set out in the Schedule.

(2) The Authority shall, where it does not refer a case to the Tribunal, in accordance with section 36(1)(b), issue a notice of non-referral to the complainant in Form G set out in the Schedule.

SCHEDULE

FORM A

CONSUMER COMPLAINT FORM

(reg. 2)

OFFICIAL USE ONLY
Name of investigation officer:
Date received:
Date allocated:
Office reference:

INSTRUCTIONS

Please-

(a) print or type;

(b) provide all particulars;

(d) note that the reverse side must also be completed; and

(e) include copies of all relevant documents.

A. PERSONAL PARTICULARS

1. Name: …………………………………………………………………………………………………………

2. Residential address ……………………………………………………………………………………..

3. Postal address: …………………………………………………………………………………………..

4. ID/Passport No: …………………………………………………………………………………………..

5. Cell phone No: ………………………. Email …………………………………………………………..

6. Home Tel: ……………………………………… Work Tel: …………………………………………….

B. PARTICULARS OF PARTY AGAINST WHOM/WHICH COMPLAINT IS BEING LODGED

1. Name of the registered company and business trading name: ……………………………….

…………………………………………………………………………………………………………………………….

2. Physical address: ………………………………………………………………………………………..

3. Postal address: …………………………………………………………………………………………..

4. Business Tel No.: ………………………………………………………………………………………….

C. PARTICULARS OF A COMMODITY

1. Date of purchase of commodity or service: ………………………………………………………….

2. Name of commodity/service: ……………………………………………………………………………

3. Quantity of commodity or service: ……………………………………………………………………..

4. Price of commodity or service: …………………………………………………………………………

5. Account No./Invoice No./Contract No.: ………………………………………………………………..

If complaint is in regard of a Motor Vehicle-

6. Model: …………………………………… Reg. No. ……………………….

7. Km reading: ………………………………………………………………………………………………..

8. Year of manufacture: ……………………………………………………………………………………..

D. PARTICULARS OF COMPLAINT (This section MUST be completed)

NB: Please single out the main points of the complaint providing names and dates where possible. Indicate what steps you have taken to resolve the complaint with the management. Describe the reasons for your dissatisfaction. Extra paper may be used for more information.

……………………………………………………………………………………………………………………..

STATE WHAT YOU THINK WOULD BE A REASONABLE SOLUTION TO THE PROBLEM

……………………………………………………………………………………………………………………..

…………………………………………………………..

Date: …………………………………………….. Signature: ……………………….

Send the form to:
Competition and Consumer Authority
Private Bag 00101
Gaborone
Tel: 3934278

FORM B

SUMMONS

(reg. 3)

Office Ref: ……………………..

To: …………………………………………………………………………………………………………………

Address: …………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

…………………………

in the matter of the alleged* ……………………………………………………………………………..

………………………………………………………………………………………………………………………

You are hereby summoned to appear before a person in the service of the Authority for the investigation of the matter of alleged unfair business practice stated above:

on the ………….. day of ………………………… 20……. at …………………………. (place) at …………… (hrs)

Your appearance is for the purpose of-

(a) **answering questions in connection with the matter stated above; and

(b) **producing the following-

………………………………………………………………………………………………………………….

………………………… (describe books, documents or objects) and be questioned therewith.

………………………………………………………………………………………………………… (date)

…………………………………………

Chief Executive Officer
Competition and Consumer Authority

RETURN OF SERVICE

Summons received by ……………………………………………………

Identity/Passport Number ………………………………………………..

Date ………………………………………………………………………….

Time ………………………………………………………………………….

Place …………………………………………………………………………

* State alleged unfair business practise complained of
** Delete whichever is not applicable

FORM C

INVESTIGATING OFFICER’S IDENTITY CARD

(reg. 4)

COMPETITION AND CONSUMER AUTHORITY LOGO	COMPETITION AND CONSUMER AUTHORITY	COAT OF ARMS
	IDENTIFICATION CARD
	NAME OF OFFICER;
PASSPORT PHOTO	SIGNATURE OF OFFICER:

REVERSE SIDE

Issued under section 4 of the Consumer Protection Act, 2018 This Officer is engaged by the Competition and Consumer Authority under the powers granted by the Consumer Protection Act and has been authorised to exercise the powers vested in him under the Act.
DATE OF ISSUE	SIGNATURE OF CHIEF EXECUTIVE OFFICER
Property of the Competition and Consumer Authority. If found, hand it to an officer of the Competition and Consumer Authority or to any Police Officer or mail it to the Chief Executive Officer, Private Bag 00101, Gaborone

FORM D

ARRANGEMENT TO CONCLUDE COMPLAINT

(reg. 5(1))

Made before the

THE COMPETITION AND CONSUMER AUTHORITY

Between

…………………………………………………………………………………………………………………

COMPLAINANT

and

…………………………………………………………………………………………………………………

SUPPLIER/SERVICE PROVIDER

Represented herein by

…………………………………………………………………………………………………………………

WHEREAS THE PARTIES HAVING NEGOTIATED AND CONCLUDED THE FOLLOWING ARRANGEMENT:

1. The supplier/service provider has engaged in unfair business practices, namely

…………………………………………………………………………………………………………………

2. The supplier/service provider shall:

2.1 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.2 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.3 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.4 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.5 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.6 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.7 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.8 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.9 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

2.10 ………………………………………………………………………………………………………….
……………………………………………………………………………………………………………….

3. The Competition and Consumer Authority shall not act under Part (IV) of the Consumer Protection Act or institute any other legal proceedings against the supplier/service provider (name) …………………………………………………. in relation to this complaint that has been resolved as aforesaid.

Dated at …………………….. this …………………… day of ………………… 20…..

WITNESSES	……………………………………………………………………………….. For and on behalf of COMPETITION AND CONSUMER AUTHORITY
WITNESSES	……………………………………………………………………………….. For and on behalf of the SUPPLIER/SERVICE PROVIDER
WITNESSES	……………………………………………………………………………….. For and on behalf of the CONSUMER
	Made this …………………. day of ……………………………., 20………

FORM E

ARRANGEMENT TO CONCLUDE COMPLAINT (ACKNOWLEDGMENT)

(reg. 5(2))

I ……………………………………………………………………………………. (Consumer) acknowledge that I have received the goods/service provided (name) ………………………………………………….. or the refund of ……………………………………………………………………………………………………………..

From: ………………………………………………………………………………………………………..

Consumer’s signature: ………………………………………………………………….

Date: …………………………………….

Supplier’s signature: …………………………………………………

Date: …………………………………….

Officer in charge: ………………………………………………………………………………………..

Signature: …………………………………………………………………………………………………

Date: ……………………………………………………………………………………………………….

Stamp:

FORM F

REFERRAL OF CASE TO THE TRIBUNAL (BY AUTHORITY OR COMPLAINANT)

(reg. 6(1))

To: THE TRIBUNAL

Cc: THE AUTHORITY THE COMPLAINANT

Concerning:
(Name and file number of complaint)

……………………………………………………………………………………………………………………..

1. TAKE NOTICE THAT I/We have referred the case to the Tribunal for the following reasons:

(a) …………………………………………………………………………………………………………

(b) …………………………………………………………………………………………………………

2. I/We have enclosed the following attachments:

(a) …………………………………………………………………………………………………………

(b) …………………………………………………………………………………………………………

3. THUS DONE AND SIGNED this ……………………… day of ………………. year ……………..

……………………………………………………………..
AUTHORISED OFFICER/COMPLAINANT

……………………………………………..
WITNESS

FORM G

COMPETITION AND CONSUMER PROTECTION AUTHORITY

NOTICE OF NON-REFERRAL OF CASE TO THE TRIBUNAL

(reg. 6(2))

To: ……………………………………………………………………………………………………………………………………….. (the complainant details)

Concerning:
(Name and file number of complaint)

………………………………………………………………………………………………………………………….

1. Take notice that in the matter of the aforementioned which has been under investigation for …………………………………………….. day (s)/month(s), the Authority shall not refer the case to the Tribunal on the following grounds:

(a) ……………………………………………………………………………………………………………..

(b) ……………………………………………………………………………………………………………..

Etc.

2. The Authority has henceforth decided to: (tick as appropriate)

o Discontinue with the investigation

o Extend the period of the investigation as provided for under section …………… of the Act

o As per section ………. of the Act, not refer to the Tribunal the following particulars of the complaint:

(1) ………………………………………………………………………………………………………..

(2) ………………………………………………………………………………………………………..

(3) ………………………………………………………………………………………………………..

3. The indicated particulars shall not be referred to the Tribunal on the following grounds:

(a) ………………………………………………………………………………………………………………

(b) ………………………………………………………………………………………………………………

Name and Title of person authorised to sign:

…………………………………………………………………………………………………………………………..

Authorised signature:	Date:
………………………………	………………………………