International Journal of Marketing and Technology
  • Year: 2018
  • Volume: 8
  • Issue: 6

Protecting consumersfrom misleading advertisements of goods and services in comesa region—some gaps in the law

  • Author:
  • Lennox Trivedi Samamba
  • Total Page Count: 19
  • Page Number: 24 to 42

LLB (UNZA), MBL (USyd), Dip. Arbitration Law and Practice (CIArb), Fin & Corp Gov (Oxon), AHCZ. Currentlyreading for PhD/LLD in International Trade and Investment in Securities (UNILUS)

Formerly Lecturer in Corporate and Business Law at Copper-belt University-Zambia

Fellow of the Zambia Research and Development Centre (ZRDC) and a Member of the Chartered Institute of Arbitrators (UK & Zambia). Email: trivedas2015@gmail.com; Cell: +260 961 077798; +260 955 609920

Online published on 5 December, 2019.

Abstract

COMESA, SADC and EAC have agreed the Tripartite Free Trade Area (TFTA). The newly agreed TFTA has twenty six (26) members from these three regional blocs. It is expected that the flow of goods and services across international borders in the free trade area (FTA) is likely to increase given the expanded market size. Likewise, aided by infrastructural improvement and technological advancement in the region, participation of natural and juristic consumers in international trade is likely to increase. This article assess the state of the national consumer protection laws in the region so as to establish whether or not they have provided adequate incentives for effective protection of consumer rights in the face of increasing cross-border commercial activity in the region. The study employs a doctrinal approach to evaluating legal rules. The main findings of the study were that (a) COMESA countries do not provide adequate remedies for breach of consumer rights (b) COMESA countries do not provide for disgorgement of proceeds/gains made from illegal activities (c) that consumer protection authorities in the region do not have power to commence civil actions for and on behalf of injured consumers, and (d) that regulatory authorities do not have power to act in support of foreign regulators in the region.