3 No. 14
Consumer Protection
An Act to protect the rights of consumers, address the interests and
needs of consumers, establish a Consumer Protection Council,
provide an effective redress mechanisms for consumer claims and
provide for other matters incidental thereto or connected therewith
ENACTED by the Parliament of Malawi as followsPART I-PRELIMINARY
1. This Bill may be cited as the Consumer Protection Act, 2003, and
shall come into operation on such date as the Minister may appoint by
notice published in the Gazette,
Short title and
commencement
2. In this Act, unless the context otherwise requires -
Interpretation
,,
"Abusive clause" means a clause, which is or appears to be imposed
on a consumer by a supplier or trader who has economic power over the
consumer and which gives the supplier or trader an unfair,
unconscionable or excessive advantage over the consumer;
"Abusive advertising" refers to abusive, unfair or discriminatory
advertising which incites or is likely to incite violence, evokes fear or
exploits profits from children, infringes environmental values or is
capable of leading consumers to behave in a manner detrimental or
hazardous to their health or safety;
"Advertiser" includes a supplier or trader of technology, goods or
services who has commissioned the publication of an advertising
message;
"appropriate laboratory" means a laboratory or organization
recognized by Government and includes any such laboratory or
organization established by or under any law for the time being in force
for carrying out analysis or test of any goods with a view to determining
whether such goods have any defect;
"business records" include
(a) accounts, balance sheets, vouchers, records, minutes of meetings,
contracts, files, instructions to employees, invoices, import documents
and other instruments; and
(b) any information recorded or stored by means of a pen, typewriter,
computer or other device whatsoever and any material subsequently
derived from information so recorded;
"Chairman" means the Chairman of the Council appointed under section
14;