Q FM Africa's Modern Radio
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 has since cautioned traders across the country that the Commission will 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.
In a statement Ms. Mwanza has further appealed to members of the public to be vigilant and ensure that they check for disclaimers as they engage in day to day business.
This is in a matter in which the Commission imposed a fine on Mama Africa for displaying a disclaimer on a receipt which Mama Africa appealed against to the Competition and Consumer Protection Tribunal which upheld the fine.
Mama Africa then appealed the decision of the Tribunal to the High Court which in turn upheld the Tribunal’s decision.