Consumer protection and the legality of ICT

Abstract

Abstract provided by author

Credit sales are a common occurrence and originated before the Roman era. As time passed, especially after the industrial revolution of the 19th century (which made available consumer goods on a large scale), an increasing number of contracts of purchase and sale were concluded in terms of which payment of the purchase price would take place at a later date or over a period of time in the future. It is an incontestable fact that some `purchases on credit' constitute a risk. Not only for the credit grantor, but even more so for the consumer[1]. It is common knowledge that the use of consumer credit enables individuals to enjoy the services of consumer durable goods sooner than they otherwise and in a period of inflation offers them a real prospect of acquiring them more cheaply. Consumers in general are able to obtain a more satisfying `basket' of goods and services with the same income. Thus consumer credit may be said to enhance consumer satisfaction. Furthermore some individuals who lack the self-discipline to save up for the purchase of a durable consumer good but are nevertheless unlikely to break their contract with a creditor are able to buy a durable consumer good which might otherwise never be theirs. This paper explores the rights of consumers, why consumer protection is needed, and the right to privacy of consumers in congruency to section 28, Article 13 of the Namibian Constitution and the provisions of the Bill of rights. In addition to this, a comparison will be drawn between consumer rights and legislation in South Africa and Namibia, where after a conclusion will be reached as to whether ITC has legal standing in our law or not.