CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Study

Before the coming into force of the English law on sales of Goods[1], the relationship between the consumer ( buyer) and the sellers ( producer, suppliers, retailers, importer etc.) was regulated by the Latin expression caveat emptor meaning buyers beware. The Consumer was expected to undertake a detailed examination and reasonable precaution before buying or accepting goods from the supplier/manufacturer or seller. Unfortunately, under this principle of caveat emptor, the buyer/consumer had no remedy either from the government or from consumer protection associations if it turned out that the goods or services were defective, harmful, not fit for the purpose or are of unsatisfactory quality to the consumer.

`           Due to the enormous hardship caused to consumers of goods and services, there was bound to be some legislative intervention to remedy this unfortunate situation created by the principle of Caveat emptor.

At the international arena, the United Nation did not oknly adopt code of conduct for the protection  of consumers[2] but also made important provisions for the rights and wellbeing of Consumers by adopting the U.N. guidelines for the protection of Consumers[3]  The involvement of Consumer groups or organizations in the promotion, protection and safeguarding the interest of consumers was motivated by the reasoning that consumers will be well protected if allowed to form groups and organizations representing their interest. It should be pointed out that Consumer protection law centered on the protection of the consumer. It was therefore necessary to incorporate consumer groups in the protection of consumer rights by encouraging the creation and involvement of consumer groups or associations in consumer protection[4].These consumer groups formed by consumers themselves to promote and protect their own rights and interest has a primary role to play in the education, sensitization promotion, protection and the enforcement of consumer rights[5].

At the level of Africa, The Uniform Act (OHAHA) on the General Sales of Goods to Consumers was adopted by OHADA Members States on the 17^th October 1993. This Uniform Act protected the consumers in OHADA Countries by placing the following obligations to the suppliers, retailers; importers, manufactures, producers:

“ The vendor shall deliver the goods according to the quantity, quality specification and packaging as provided for in the contract, unless otherwise agreed by the parties, the goods shall only be considered to conform to the contract where:

• They are merchantable, that is to say, they are fit for the purpose goods of that nature are generally used
• They can properly serve any special purpose which was brought to the knowledge of the vendor at the time of the contract
• Their characteristics confirm to any sample or model which was given to the purchaser by the vendor
• They are package according to the usual method of packaging goods of the same nature or if there is no such usual method, in the manner to ensure their conservation

and protection “[6]. Relevant provisions of the 1893 sales of Good Act to wit Sections 13[7] and 14 [8]came in to cause the supplier, producer or retailer to be held accountable if the goods or services supplied to the consumer are defective, harmful, and unsatisfactory, not fit for the purpose or are not of merchantable quality.

            The above cited sections 13 and 14 of the Sales of Goods Act supra therefore imposed on the supplier/ manufacturer an obligation to ensure that products supplied/sold are not only free from any defects but are equally merchantable, fit for a purpose and above all satisfactory to the consumers. It can arguable be stated that the coming into force of the 1893 sales of Goods Act was the door through which the notion of consumer protection was brought to life[9]. This was a new dawn for both the Government and non-Government entities or groups to take up the fight to promote and protect the rights and privileges of consumers.

            The United States of America made some stripes in the domain of Consumer Protection. The issue of Consumer Protection was projected in 1962 by the President of The United States of America[10]. The said President John F. Kennedy delivered a historic speech to the Congress of the United States of America calling on the Members of Congress to approve a bill to promote and protect the consumers of the United States. The 15^th March of every year is celebrated as the international day for Consumer protection in memory of the day President Kennedy delivered that speech in the American Congress.

            The State of Cameroon has not been left out of this race to safeguard the rights of Consumers. During the period of the French and English colonization of Cameroon, colonial laws on the Protection of Consumers were applied by the different Colonial masters over their respective Territories. The Former British Cameroons witnessed the application of the relevant English law on consumer protection[11]. The application of this English law to protect consumers of the English Part of Cameroon after independence was made possible by local legislation[12]. The same scenario was noticed in the French Colony of Cameroon wherein the relevant provisions of the French Code Civil on Consumer protection were applicable[13].

            The Preamble of the 1996 Revised Constitution[14] has made provisions for the protection of the consumer. This is because being the supreme law of the State; all other laws must derive their force and legitimacy from the mother law- the Constitution. The Preamble of the Constitution has addressed issues on consumer protection by guaranteeing the right of the consumer to a fair hearing before the Courts, the right for consumers to form Associations to promote and protect their interest, the right to physical safety and moral integrity, right to a healthy environment

The principle of Freedom of Associations and Assembly has always been a fundamental principle incorporated in all the Constitutions of Cameroon especially paragraph 16 of the 1996 Revised Constitution[15]. The Constitution provides for Freedom of Association in the following words: “The freedom of communication, of expression of the press, of assembly, of association and trade unionism as well as the right to strike shall be guaranteed under the conditions fixed by law”. The principle of freedom of association has empowered all sectors of national life to form groups and organizations charged with the promotion, protection and safeguarding some basic rights and interests. This has not been absent in the area of consumer protection. On its part, the government has also created some establishments with the aim of ensuring the protection of consumers. Even though the protection of consumer and the principle of freedom of associations are contained in the preamble of the Constitution, it should be emphasized that the 1996 Revised Constitution accorded the Preamble of the Constitution the same force like the rest of the Constitution[16].

 The organic law on freedom of associations and assemblies in Cameroon was voted by Parliament and enacted into law in 1990[17] . This law laid down the conditions for the creation of associations, the organization and functioning of associations in Cameroon. To ensure that associations should function as provided by this law, provisions were equally made on the suspension and dissolution of associations. The coming of this law was like an energizer for Cameroonians and non- Nationals from all works of life to form and manage associations to promote protect and safeguard their common interest. Even though a hand full of consumer interest groups existed before the 1990 law on freedom of Association in Cameroon, Chambre Nationale des Consommateurs du Cameroun (CNCC) was the first consumer Association created in compliance with the 1990 liberty law supra[18]. The putting into place of this consumer interest group acted as a spring board for the creations of other consumer groups in Cameroon. These Consumer Associations created by individuals plays an important role in the promotion and protection of the vulnerable consumers against business malpractices like defective or dangerous goods and services, measurements and weights failing short of the standards fixed by law, short changed of consumer, harmful and misleading advertisements etc. Till date over 26 other Consumer Associations[19] have legal existence in Cameroon in the domain of consumer protection. All these Consumers interest groups are registered with the National Consumer Council[20]. Some of these Consumer Associations in Cameroon have membership with the International Consumer Association[21] . The government has equally created some establishments with the aim of ensuring the wellbeing of the consumers.

  The involvement of Consumer groups or organizations in the promotion, protection and safeguarding the interest of consumers was motivated by the reasoning that consumers will be well protected if allowed to form groups and organizations representing their interest. It should be pointed out that Consumer protection law centered on the protection of the consumer. It was therefore necessary to incorporate consumer groups in the protection of consumer rights by encouraging the creation and involvement of consumer groups or associations in consumer protection[22].These consumer groups formed by consumers themselves to promote and protect their own rights and interest has a primary role to play in the education, sensitization promotion, protection and the enforcement of consumer rights[23]. The relevant provisions of the 2011 Law on Consumer protection in Cameroon has encouraged consumers to form autonomous, independent ,apolitical and non-profit  consumer groups or associations to ensure that their  voices are heard in this continuous struggle to promote and protect consumers in Cameroon[24]

1.2: Statement of the Problem

 The relationship between the consumer and the professional has been plaque with many inequalities with the consumer occupying a weaker side of the bargain. The consumer is faced with a range of problems to wit: lack of information and education; defective, hazardous and harmful goods; false and misleading advertisement; high prices; expired or contraband goods; false weight and measurements; the lack of experience and corruption of the authorities charged with the protection of consumer; lack of specialization in the domain of consumer protection; the weak economic and bargaining power of consumers etc. On the other side of the coin, the professional is financially stable; well informed and educated; and equally exert a considerable degree of political and economic influence and pressure leaving the consumer with little or no option. Even though there exist laws empowering the consumer to be protected by Associations created by individuals and Establishments created by the State, these inequalities still exist due to short comings from these Associations and Establishments and the laws themselves which do not allow these Associations and Establishments to freely function in their mission of protecting the consumers. The above short comings have placed the consumer in a very weak and uncomfortable situation. This has therefore raised the flag for the need to come to the rescue of the weak; uneducated and uninformed consumer of goods, services and technology.  The above assertion underlines the necessity of this study to access the effectiveness of Consumer protection in Cameroon by Associations created by individuals and Consumer Establishments created by the State.

1.3: Research Question

Main Question: The main research question is: Do consumer Associations and Establishments effectively involved in the defense and promotion of consumers in Cameroon?

Other Questions:

• What are the legislative frameworks for the protection of consumers in Cameroon?
• What is the role of consumer associations in the promotion and protection of consumer’s interest in Cameroon?
• What are the role and activities of Consumer Establishments created by the State in the domain of consumer protection in Cameroon?
• What are some of the problems and difficulties faced by these Associations and Establishments in the process of protecting the Cameroonian consumer?

1.4: Objectives of the Study

Main objective: To examine the effectiveness of Consumer Associations created by individuals and Consumer Establishments created by the State in the protection of consumers in Cameroon.

Specific Objectives:

• To examine the Legal framework for the protection of consumers in Cameroon;
• To examine the role played by private consumer Associations in Cameroon;
• To examine the role and activities of consumer Establishments created by the State in the domain of consumer protection in Cameroon;
• To examine the problems faced by Consumer Associations and Consumer Establishments.

[1] The 1893 Sales of Goods Act of England

[2]  The United Nations Guideline for Consumer Protection adopted in 1985

[3] Paragraph II Section 3(f) of the U.N. guidelines: “Freedom to form consumer association and other relevant groups or organizations and the opportunity of such organizations to present their views in decision- making processes”

[4] The preamble of the 1996 Revised Constitution, the 1990 law on Freedom of Association and the United Nation Guidelines for consumer protection

[5] Sections 21 – 25 of Law No.2011/12 of the 6^th May 2011 on the Legal Framework for consumer protection in Cameroon

[6]  Section 224 of the OHADA Uniform Act for the General Sales of Goods to Consumers

[7] Section 13; “Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and if the sale by sample, well as by description, it is not sufficient that the bulk of the goods correspond with the sample if the goods do not also correspond with the description”

[8] Section 14: “Subject to the provision of this Act and of any statute the behalf, there is an implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under contract of sale except (1) where the buyer expressly or by implication, makes known to the seller the particular purpose for which for which the goods are required, so s to show that the buy relies on the seller’s skills and judgment, and the goods re of a description which it is in the course of the seller’s business to supply ( whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose (2)Where goods are bought by description from a seller who deals in goods of that description ( whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality; provided that be no implied condition as regards defects which such examination ought to have revealed (3) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage or trade (4) An express warranty or condition does bot negative a warranty or condition implied by this Act unless inconsistent therewith.”

[9] Kinga Helen Kimah, Mobile telecommunication operators and the protection of consumers in Cameroon, Master Thesis, Faculty of Law and Political science, University of Dschang, 2016.

[10][10]On the 15/03/1962 by President  J.F. Kennedy

[11] The 1893 Sales of Goods Act in England, particularly Sections 13 and 14 which deals on consumer protection.

[12] Section 11 of the 1955 Southern Cameroons High Court Laws

[13] Section 1625 of the French Code Civile

[14] Law No. 96/06 of the 18^th January 1996 on the Revision of the 1972 June 2^nd Constitution.

[15] Law No. 96/06 of the 18^th January 1996 on the Revision of the June 2^nd 1972 Constitution as amended and supplemented by Law No. 2008/01 of the 14^th April 2008.

[16] Article 65 of the 1996 Revised Constitution: “The preamble shall be part and parcel of this Constitution”.

[17] Law No.90/053 of the 19^th December 1990 on freedom of Associations and Assemblies in Cameroon.

[18] Created on the 14/10/1994 with head office in Yaoundé but was later relocated in Douala because of numerous economic activities in Douala. CNCC nevertheless has representatives in all the 10 Regions in Cameroon.

[19] Source: list from the Ministry of Trade, Mines and Commence at www.mincommerce.gov.cm of the 27/06/2015

[20] Decree No.2016/003 of the 13^th January 2016 on the Organisation and Functioning of the National Consumer Council.

[21] Founded on the 01/04/1960 as a watchdog safeguarding rights of consumers world- wide , it has over 250 member organization from 120 countries with head office in London and branches in Asia Pacific, Middle East and Africa.

[22] The preamble of the 1996 Revised Constitution, the 1990 law on Freedom of Association and the United Nation Guidelines for Consumer Protection.

[23] Sections 21 – 25 of Law No.2011/12 of the 6^th May 2011 on the Legal Framework for consumer protection in Cameroon.

[24] Section 21 of Law No. 2011 supra: Consumers shall have the right and freedom to form voluntary, autonomous and independent consumer associations or organizations with well-defined domains and areas of intervention .They may participate in public decision making structures.