Consumer protection law and practice: its relevance and reality in a developing economy with special reference to Tanzania
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Abstract
This work is an attempt to examine the relevance and efficacy of the methods, both legal and non-legal, currently applied and those which may usefully be applied in Tanzania to protect consumers against various types of malpractices including overpricing, hoarding, manufacture and sales of defective and/or dangerous products and sales of commodities in incorrect quantities. Employing an historical socioeconomic approach this study investigates two hypotheses. The first, a general one and which runs throughout the work, particularly chapters one and two, is that consumer protection laws and practices believed to safeguard consumer interests are, in fact, in the last analysis, means used by the state to contain open conflicts between the economically strong - commodity producers and distributor and the economically weak, especially individual consumers, and at the same time preserve and further state interests. It is shown in this work that consumer protection laws and practices have got definite interests to protect. They serve the interests of the rulers and the economically strong and that, in fact, the consumer is but a side beneficiary. He has never been the primary beneficiary of consumer protection laws and practices. The second hypothesis, a specific one, is investigated from the third to the fifth chapter It is contended that in Tanzania the state has assumed the role of protecting, and believes it is the protector of, consumer interests. This assumption and belief are reflected mainly in its legal system. It is argued, however, that this assumed role has largely been defeated by the underdeveloped nature of the economy, activities of the state itself, nature of the laws and lack of consciousness on the part of consumers themselves. Chapter six examines para-legal and practical methods to supplement legal measures in protecting consumers. The seventh chapter, summaries the main findings, conclusions and reform proposals appearing in the thesis