By Simbarashe Muparaganda

When 44-year-old Ntandose Moyo of Bulawayo recently bought what appeared to be a simple electric kettle from a popular downtown electronics store, she believed she was purchasing a genuine brand, just as it was presented on the label.

Moyo expected it to function perfectly as it was coming straight from the packaging, not short circuit on the first use. This was not the case for her, as the kettle soon gave off a burning, charcoal-like smell before it stopped working.

“It gave off a smell, then went dead. I discovered it was a counterfeit. I went back the next day,” Moyo recalls, showing the charred plug. 

But the shop’s response stunned her: “no refunds, no returns.”

“I was told, plain and simple, once you take it out of the shop, it’s gone and it’s your problem,” she says, shaking her head. Moyo’s receipt bore the ominous disclaimer “goods once sold are not returnable.” 

For many Zimbabwean consumers, this kind of practice was all too common — until recently.  Fed up and out of pocket, Moyo did something most buyers would not do. Having attended a Consumer Protection Commission (CPC) awareness programme in the city and empowered with information, she reported the shop to the commission’s offices.

The commission is a statutory body empowered by the Consumer Protection Act (Chapter 14:44) to enforce consumers’ rights.  She won her case after a thorough investigation was conducted and was refunded her money.

The Consumer Protection Act, enacted in December 2019 and now being vigorously enforced, replaced the older Consumer Contracts Act and sought to rebalance power between consumers and business owners.  

Under section 11 of the Act, goods that are defective, unsafe or below expected quality can be returned within six months, and the supplier must repair, replace or refund — at the consumer’s direction, and at no cost to the consumer.  

Crucially, the law bans disclaimers like “no refunds,” “no returns” or “no exchanges” — once widespread and used to absolve sellers of responsibility. Section 42 makes displaying such notices an offence, even punishable by hefty fines amounting to US$3 000 or imprisonment.  

“Before this law, businesses could hide behind illegal clauses and consumers had virtually no recourse,” explains Kudakwashe Mudereri, CPC’s Research and Public Affairs Director. “Now, those clauses are explicitly prohibited”.

Moyo’s case is now one of hundreds.

The CPC reports that in 2025 alone, over 1,900 businesses have been prosecuted for malpractices — including selling expired or counterfeit goods, underweight packaging, and refusal to honour refunds.  

“I went in with my receipt, a photo of the kettle, and my complaint letter. The CPC wrote to the shop. A few weeks later, I got my money back,” Moyo recounts. “The shop put up a sign saying ‘No refunds,’ but they had contravened the law.”

 

She smiles, adding, “I didn’t just get my money back.  I learnt about my consumer rights.”

CPC officials insist that such outcomes are becoming routine. 

“We have intensified market surveillance and enforcement. There’s zero tolerance for illegal ‘no refund’ policy signs, consumers must insist on their rights,” says Mudereri.  

Not all business owners were happy when the law began to bite.

Tech and Electric hardware owner Bruce Tshuma admits his store once displayed “no returns” notices on some gadgets. “We were just trying to protect ourselves from scammers. People would buy, use, then try to return items claiming they were faulty,” he explains.

But Tshuma says awareness programmes provided by the CPC helped him understand that blanket disclaimers were illegal. 

“Now, we have a clear refund policy that aligns with the law. We have actually gained trust from customers because of it.’’

Tshuma added: ‘’Compliance isn’t just about avoiding fines, it’s good for business.” 

In recent months, the CPC has warned that failure to display prices properly, selling expired products, and illegal disclaimers can attract fines up to US$3 000.

Before the Consumer Protection Act’s enforcement, consumers frequently felt powerless as shops sold expired groceries with no warning.

Sellers also refused to refund defective electronics while some had unclear or misleading prices.

Fake or substandard products have been flooding informal markets until recently when government cracked whip through the Zimbabwe Revenue Authority(ZIMRA) and law enforcement agencies.

Director (Consumer Welfare and Advocacy) at COMESA Competition Commission(CompCom) Steven Kamukama highlighted that counterfeits in electronics was also on the rise, saying six percent of such products traded in Africa were counterfeits and were contributing 2,9 million of e- waste annually.

 “Six percent of electronics traded in Africa are counterfeit, contributing 2.9 million tonnes of e-waste annually. This is the scale of the problem,” he explained.

Kamukama said as a regional body they were moving towards adopting a strengthened model law to protect consumers across its 21 member states, including Zimbabwe.

Consumer advocates say the law is beginning to change that reality.

“Before, you could hardly dispute anything — if a seller said no refunds, that was the end,” says Executive Director of the Consumer Council of Zimbabwe (CCZ), Elizabeth Chikukwa. “Now there’s recourse, there’s an authority to investigate.”  

Further, the government is planning additional legislation such as a proposed Counterfeit Act to curb the spread of fake and potentially harmful products.  

Director for Commerce and Consumer Affairs in the Ministry of Industry and Commerce, Netai Magade added that consumer protection is about more than just policing markets but empowering citizens, strengthening business ethics, and fostering a culture of responsibility to ensure all Zimbabweans can buy goods and services with confidence.

Legal expert in commercial law Mark Lunga says the Act aligns Zimbabwe with international best practice. 

Lunga notes that prior to this Act, many consumers were confused by contractual clauses that seemed binding but were in fact unlawful.

 “Now, not only are those clauses unenforceable — businesses can be prosecuted for using them.” 

Despite new protections, many consumers remain unaware of their rights and still intimidated by formal complaint processes.

Mudereri, however, highlighted that consumers don’t need an expensive lawyer to lodge a complaint.

As the country’s retail landscape adjusts to the enforcement of consumer rights, the Consumer Protection Act stands as a turning point and finally giving power back to the buyer, and helping to rebuild trust in commerce.