For nearly two decades, Ghana has been unable to pass its Consumer Protection Bill, despite repeated promises from successive governments to prioritize its passage.
With the recent controversy involving Ghana’s Communications Minister and DStv on the reduction of subscription prices, the passage of this framework could prevent future episodes of this nature.
About The Bill
The Consumer Protection Bill, first drafted in 2006, aims to establish a robust framework to safeguard consumer rights, promote fair trade, and create a Consumer Protection Authority to enforce regulations.
Its objectives include addressing issues such as misleading advertisements, defective products, and exploitative practices, while fostering competition and supporting the growth of e-commerce, particularly in light of Ghana’s role as the host of the African Continental Free Trade Area (AfCFTA) Secretariat.
Yet, despite its potential to transform the retail landscape and empower consumers, the bill remains stalled in parliament.
Ghana’s current consumer protection framework is fragmented, scattered across various laws such as the Public Health Act of 2012, the Ghana Standards Authority Act of 2022, and regulations overseen by bodies like the Food and Drugs Authority and the National Communications Authority.
Failure To Launch
In 2016, the New Patriotic Party (NPP), then in opposition, pledged in its election manifesto to facilitate the passage of the Consumer Protection Bill to protect Ghanaians from inferior goods and services.
In their manifesto, they pledged:
“To protect Ghanaians from inferior quality goods, products, and services, we will:
- a. facilitate the passage of a Consumer Protection Law
- b. strengthen the operations of the Ghana Standards Authority (GSA)”
In 2022, the Ministry of Trade and Industry developed a Consumer Protection Policy, a step toward addressing these inefficiencies and reaffirming its commitment to AfCFTA.
“The government has repeatedly emphasized its commitment to AfCFTA, but without a consumer protection law, we risk undermining consumer confidence in the marketplace,” said Samuel Jinapor, the caretaker Minister of Trade and Industry, in a 2023 statement to Parliament.
He expressed optimism that the bill, once approved by the Cabinet, would receive bipartisan support.
However, the law was never passed.
The current National Democratic Congress (NDC) administration has pledged to protect consumers, stating it will enact legislation under its 24-hour policy.
In failure to pass the act, Ghanaian consumers continue to bear the consequences across various sectors.
In the retail sector, “no return” policies and the sale of expired or counterfeit goods are commonplace, with consumers often unable to seek redress.
In the fast-moving digital space, they are left unprotected from online retailers who sell defective goods and fail to honor payments.
Organisations like CUTS International have been the loudest advocates for consumers, pressuring administrations to pass a bill.
In 2018, they mobilized over 20,000 signatures urging the government to advance the bill, to no avail.
DSTV Controversy Could Reignite Consumer Protection Conversation
With the recent DStv incident with the Minister of Communications, the issue of the passage of a Consumer Protection Act has once again been reignited.
Users online and analysts are calling for a policy framework to address issues of consumer fairness.
Noted analyst Bright Simons said on the social media platform X that Government action to protect consumers should be policy-driven, rather than issuing directives.
“Every serious country nowadays grant regulators the power to act against price gouging in markets prone to monopoly power,” he said.
“So, it is not out of place for a Minister to intervene if he believes there is clear price gouging. However, ministerial actions must be POLICY-driven. Regulators handle the operational matters.”
It remains to be seen if Ghanaians will finally have their Consumer Protection Act passed to safeguard their transactions with service providers.
