Abstract
This paper presents a picture of the landscape of consumer law and policy in Ghana and reviews the scope of protection of consumer interests with specific regard to product safety and liability, consumer sales, and telecommunication services. It assesses the legislative and policy framework on consumer contracts, product safety, and unfair commercial practices; discusses the role of national agencies in enforcing safety standards; and highlights some critical consumer issues in telecommunications service delivery. The paper examines the regulatory framework on other consumer issues such as advertising, labelling, and marketing of consumer products; terms and conditions of consumer contracts; and after sales services including the enforcement of guarantees, warranties, refund, and return policies. The paper also discusses the extent of external influence on the development of consumer law and policy in Ghana and reviews the level of interaction with other legal systems and supranational bodies in the three focal areas. The contribution also explores areas of Ghana’s consumer protection framework which could benefit from guidance from the EU transnational model on consumer protection and makes recommendations for the enhancement of the emerging legislative and policy regime on consumer protection in Ghana.
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Ghana Population (2018)—Worldometers—www.worldometers.info/world-population/ghana-population, accessed on April 17, 2018.
Source: http://tradingeconomics.com/ghana/gdp-per-capita-ppp, accessed on April, 17, 2018.
World Bank Data, available at https://data.worldbank.org/indicator/SL.UEM.TOTL.ZS, accessed on July 5, 2017.
University of Sussex, UNICEF, ASHESI University, The Ghana Poverty and Inequality Report Using the 6th Living Standards Survey, March 2016, Available at: http://www.unicef.org/ghana/Ghana_Poverty_and_Inequality_Analysis_FINAL_Match_2016(1).pdf, accessed on August 20, 2017.
Source: http://www.unicef.org/ghana/Ghana_Poverty_and_Inequality_Analysis_FINAL_Match_2016(1).pdf, accessed on August 20, 2017.
Source: Trading Economics: Ghana Imports 2003-2017. Available at: www.tradingeconomics.com/ghana/imports accessed on February 27, 2017.
Source: Institute of Social, Statistical and Economic Research, Overview: Global Economic Developments and Ghana’s Economic Performance, page 24. Available Online at: http://isser.edu.gh/images/Publication_files/SGER2014_Overview.pdf, accessed on April 20, 2018.
World Bank charges Ghana to raise its Consumer Protection Standards, available at: https://www.primenewsghana.com/business/world-bank-charges-ghana-to-raise-its-consumer-protection-standards.html, accessed on September 5, 2017.
The Guidelines were first adopted by the General Assembly in resolution 39/248 of 16 April 1985, later expanded by the Economic and Social Council in resolution 1999/7 of 26 July 1999, and revised and adopted by the General Assembly in Resolution 70/186 of 22 December 2015.
Council Directive on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Concerning Liability for Defective Products (85/374/EEC).
See, General Product Safety Directive, Council Directive 2001/95/EEC of December 3, 2001, on general product safety, implemented by the General Product Safety Regulations, 2005 (the “GSPD”).
Laws regulating product safety in Ghana include Public Health Act, 2012 (Act 851); Standards Authority Act, 1973 (N.R.C.D. 173); Standards Board (Food, Drugs, and other goods) General Labeling Rules, 1992 (L.I. 1541); Weights and Measures Act, 1975 (N.R.C.D. 326); and the Merchandise Marks Act, 1964 (Act 253). Most of these laws are more than three decades old and in critical need of modernization and reform.
Source: www.fdaghana.gov.gh/index.php/press-release/ accessed on September 1, 2017.
Source: www.fdaghana.gov.gh/index.php/press-release/ accessed on September 1, 2017.
Per Pwamang JSC in Andreas BSCHOR GBMH v. Birim Wood Complex & Anor Civil Appeal No. J4/9/2015, p. 9.
Such a contractual warranty was enforced in G.A Sarpong v. Silver Star Auto Limited, Civil Appeal No. J4/43/2013, where a Mercedes Benz car dealer was compelled to comply with the terms of a warranty and replace a defective Mercedes Benz car sold to the consumer.
Mobile Telephone Subscriptions in Ghana from 1992 to April 2017, available at: https://nca.org.gh/assets/Uploads/Historical-Voice-SubscriptionFigures-1992-April-2017.pdf, accessed on January 31, 2018.
NCA, Quarterly Statistical Bulletin on Communications in Ghana, Volume 3 Issue 1, June–September, 2017, p. 10. Available at: https://nca.org.gh/assets/Uploads/stats-bulletin-Q3-2017.pdf, accessed on January 30, 2018. The surge in mobile phone subscriptions and internet usage, especially among the urban and rural youth in Ghana has been attributed to the recent drive of telecommunications companies to expand their network coverage, the growing adoption of internet-enabled handsets as well as the increased availability of cheap and affordable phones and devices imported from China.
Source: https://nca.org.gh/assets/Uploads/Historical-Data-Subscription-Figures-2013-January-2017.pdf, accessed on January 31, 2018.
The WTO Agreement on Basic Telecommunications Services (BTA) is an annex to the Fourth Protocol of the General Agreement on Trade and Services (GATS), which was implemented on February 5, 1998. It improves market access for telecommunications equipment suppliers, vendors, and service providers by ensuring that all service suppliers seeking to take advantage of scheduled commitments have reasonable and non-discriminatory access to and the use of public basic telecommunications networks and services.
Source: www.nca.org.gh/asset/Uploads/NCA-2012-2013-Cellular-Mobile-Satisfaction-Survey2.pdf, accessed on September 3, 2017.
Source: https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Customer-sues-MTN-over-alleged-deceitful-text-message-341506, accessed on September 3, 2017.
Source:https://www.graphic.com.gh/news/general-news/woman-sues-tigo-for-porting-her-vodafone-mobile-number.html, accessed on September 3, 2017.
Source: www.nca.org.gh/assets/Uploads/NCA-MNP-Passes-2-Million.pdf, accessed on March 6, 2017.
National Communications Authority, Quarterly Statistical Bulletin on Communications in Ghana, 2017, Volume 2, Issue 3, July–September, 2017, p. 6. Available at: <https://nca.org.gh/assets/Uploads/stats-bulletin-Q3-2017.pdf>, accessed on February 26, 2018.
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Dowuona-Hammond, C. Consumer Law and Policy in Ghana. J Consum Policy 41, 333–354 (2018). https://doi.org/10.1007/s10603-018-9379-y
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DOI: https://doi.org/10.1007/s10603-018-9379-y