Consumer
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Are Goods Sold Indeed not Returnable? Enforcing Rent Laws in Ghana
How to Survive a Mall Shooting
Political Consumer
In Association with Ministry of Trade and Industry
CONTENT How to Survive a Mall Shooting Terrorist groups like Al Qaeda and ISIS would love to unleash hell at places of their interest and target. Several nations around the world where western tourists frequent have suffered terrorist attacks.
04 Treat Voters As Politcal Consumers In 2016 Eletions
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The messages, strategies and the many creative forms of political party communications adopted in the 2000 elections revolutionalized political campaigns in Ghana.
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Enforcing Rent Laws In Ghana Renting property in Ghana can be quite problematic. This is because, there are visible challenges tenants and property owners usually encounter
Thumps up ECG The call center people for ECG (0302611611) answer the phone at all hours of the day and night, and they do it QUICKLY. When the power has been off for more than an hour or so, I call them just to make sure they are aware of the problem. It’s worthwhile doing this, because if it’s a very localized problem in your neighborhood and nobody has informed them, they might not be aware. 2
Consumer Focus
GMO Foods Not On Ghanaian Market
National Biosafety Authority (NBA) says Ghana has not yet introduced Genetically Modified (GMO) food onto the market contrary to reports by anti-GM crusaders that the produce were on the market.
Are Goods Sold Indeed Not Returnable?
There is usually an exclusion clause, “goods sold are not returnable” written in front of the counter in many shops or boldly printed on sales invoices and receipts
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Publisher
Yendis Media Consultancy Ltd
Editor-in-Chief
Food Safety Alert
Consumers must always check dates on when food products were produced, expiring, country of origin, address of manufacturer, etc. before purchasing..
Consumer
Annyv Thomas Tehoda
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Editorial Dear Readers, Thank you for picking up the Consumer Focus magazine. We appreciate your feedbacks and encouraging words. We are happy that a lot more people are appreciating the education we provide on topical issues bothering the Ghanaian Consumer. We continue to welcome your suggestions and complaints which we promise to follow up. That is just the reason we are in here. This issue is heavy on consumer security because of the events of the last quarter about various attacks at airports, bus terminals and malls. We are also aware of the political fever building up in the country as we approach our general election date of December 7, 2016. Do the political parties take you and I as consumers of their offerings? Then we also heard of the rent law review, what must you know as a consumer? In our last issue, we told you about how you could be eating GMO goods without knowing because of lack of labelling. Wait a minute, we are told we do not have GMO foods on the Ghanaian market. And just when we told you to run away from ‘goods once bought are not returnable’ labels, herein is a lawyer’s view on what you can do in such ‘not returnable’ situation. Good luck.
Editor
Abubakar Ibrahim
Assisting Editor Kwesi Boateng
Design & Creative
Roger Moore Amoako
Contributors
Sidney Tehoda Adam Bonna Kwaku Owusu Peprah Zambaga Fufai Saminu Daniel Imadi Esq.
Contact Publisher Yendis Media Consultancy Ltd P. O. Box TN411 Teshie-Nungua Estates Tel: 0208150096 email: consumer_focus@yahoo.com facebook: facebook/consumerfocusgahana web: www.consumerfocusgh.com
Enjoy your read and remember, Consumer is King and you are. Annyv Thomas Tehoda Editor-in-Chief
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Consumer Security How to Survive a Mall Shooting, Mall Massacre or a Terror Attack - By Adam Bonna & Sidney Tehoda
Terrorist groups like Al Qaeda and ISIS would love to unleash hell on places of their interest and choice. Several nations around the world where western tourists frequent have suffered terrorist attacks. Some of these places are Ivory Coast, Mali, France and UK.
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ome of their targeted locations include shopping malls, airports, hotels and other public places of gatherings especially where white expatriates gather. This is because of their belief in seeing people from such places as America and Europe as their enemies. By all the alerts and warnings coming from the Ghana security services and even preacher men 4
Consumer Focus
especially TB Joshua of the Synagogue Church of all nations (SCOAN), it is almost like, not a matter of if but a matter of when. As much as we do not want to sound too alarming, in this day and age we live, this is a fair article to write and it’s really not a stretch of the imagination. Fact is this: Every time you or I or someone we know goes to a major mall in Accra or some big hotel somewhere or even religious gathering
now, there is a risk of a terrorist attack. This is not to limit our readiness only to these places because in Ivory Coast, they attacked a beach resort. In Brussels, they attacked a Metro Station and Airport. The location they choose is only determined by them. Here’s how to survive and escape otherwise certain death at the hands of a terrorist or group of terrorists who are out for blood and chaos and mayhem. That’s the bad news -- The good news? This article is to help us all do something about it.
receiving training and instructions from afar. We can refer to Boko Haram which is causing havoc in Nigeria. Of these groups, a good number are capable of severe violence and may have murdered people in the past.
Terrorists, Domestic Terrorists, Anarchists Who am I referring to by the term anarchist? I’m talking about the groups such Buko Haram and local associate of groups such as ISIS or individuals who have been recruited and trained secretly. The case of Mohammed Nazir Nortei Alema, a former student of KNUST who we are told has been killed in action and Eliasu Alhassan who, again we heard have been detained after making a return into Ghana from their ‘mission’ outside are fresh in our memories. Nobody knows who have returned trained or who is
It’s probable that “anarchists” isn’t the best word to describe young Ghanaians (and young adults from other places) from counter-culture that band together to attack other people.
Be Aware of Your Surroundings You don’t have to be on “red alert”. You don’t have to be paranoid. You just simply have to be aware. As a Security person-we’d like to advise readers to be on the alert (by simply being aware) not just for Islamic radicals -- but
young but also the anarchists described above. If terrorist attacks become more common in West Africa in the months and years ahead, these guys could be responsible for more than one. Some of them could even have former military training themselves.
How Do You Survive an Attack at a Mall? Odds are you won’t be there. But someone’s going to be there, and it might be someone you know. But just in case you do end up at a mall at the time one or more people have planned a mass shooting or bombing -- or combination of both -- there are some things you can do to increase your odds of survival. 1) Seriously consider doing your shopping outside the mall. If you truly have to go to the Consumer Focus
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mall, then choose days and times that a terror attack is least likely to occur -- such as a Sunday evening at 8pm. I would guess that a terrorist would pick a day and time that the most shoppers are likely to be at the mall. It’s like the suicide bomber in Afghanistan. He or she most likely picks a time when the market or restaurant / night club has the biggest crowds. 2) Scan shoppers and look for people that fit either the description of an Islamic radical (yes, you’ll be “profiling”, though it’s not always effective, some may not look the traditional part of Islamic radical), or fit the description of a young hate-filled Ghanaian from counter-culture -- an “anarchist”. Not sure what they look like? A lot of them are the same protesters that show up in cities and break windows, destroy cars, assault cops and pedestrians. That’s the crowd I’m referring to. The link at the top of this article is a good reference. If you see a handful of people in the mall, matching a similar description, they may all be cohorts, even if they’re not in close proximity to each other. If a planned attack is going to come together, they may enter the mall from different doors, and plan to converge on centers of activity in the mall.
Flash Mob of Terror
You notice a number of young men who look like they could be on their way to a protest of corporate Ghana are walking through the mall. Relax -- this doesn’t mean a terror attack is about to be unleashed. What’s important is that you’ve noticed them. It’s just a red flag at this point. You scan the mall for the nearest exits, and notice that by one of the exits there are two guys that look like part of the same group hanging out by the door (what stands out to you are the black and gray clothes, the tattoos and piercings, and even their general demeanor), and then you look down the mall and notice yet another two guys standing outside the entrance to one of the major clothing stores. Better safe than sorry. You immediately start walking to the nearest exit, where two of the men are, and just casually walk past them to the outside. As soon as you’re out the door you get on your cell phone and call mall security, and report that a number of suspicious people have entered the mall, and that security may want to be ready just in case there’s about to be a shooting. Is this a survival tactic?
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Consumer Focus
So you or someone else has triggered a fire alarm, either before or as shots are ringing out in the mall. You might avoid being shot by making your way to the nearest exit, but that doesn’t mean you won’t avoid being run down by a mob of panicked shoppers who are running for the exits. Many people have been seriously injured and lives lost over the years in mob events. The way to avoid being crushed by a mob is to get out of their way and take shelter behind the nearest fixed object. Don’t just hide behind any object -a fleeing crowd can move heavy objects and that can still pose a Consider Following danger. A fixed object a Fleeing Employee is something that is not An employee, espegoing to move. Even if cially a store managyou have to wait an exer, may be well aware tra minute, just maybe of emergency evacuthe biggest part of the ation procedures. He crowd will get by and may know of emergenyou can now make cy exits that you don’t your own exit. know about. If he runs for the back room or Avoiding a Gunman side-door, follow him! Stay low, and look Ask him if he knows how around -- do you see a to get out; hopefully, gunman? No, ok, well his store has a plan for consider making a run evacuating shoppers. for it now. Even if there Caught in a store is a gunman, if he’s far This is one of the worst case scenarios. Shooting enough away, there’s You bet it is. But it only works in the moment leading up to an attack on a public place. It’s like an off duty (or plainclothes) police officer, who noticed the two suicide bombers entering a shopping district or nightclub. He’s trained to recognize that they don’t fit in. He also knows that they’re an ever present threat -- even if months go by without an attack. He only has moments to casually get up from his seat and walk outside and get on the phone. In his situation he simply can’t pull his gun (this is a suicide bomber, remember) or yell “run, suicide bombers” to the crowd -- though if yelled early enough, it might save a few lives as it could trigger the suicide bombers to panic and detonate themselves prior to the time of maximum impact they were counting on. What about our mall attackers? If you’re certain that there’s going to be an attack, you could consider pressing a mall fire alarm and then walking toward the nearest exit. This might trigger an attack to occur a few moments or even just a couple of minutes before “maximum impact”, and it may save a few lives.
has erupted within the mall, and bullets (machine gun bullets) and shot guns are ringing out. Screams of terror as people are shot. Your heart is jumping in your chest, adrenaline pumping, fear and panic seizing you. You want to run, but that means running out of the store and into the mall. At this point, the safest bet may be to run for the back room, but first ask (shout) to one of the employees if there’s a “back door”. Many / most small stores have back doors to either a hallway (for janitors, product storage, etc) or even to the outside (depending on what kind of mall you’re in) though these may lock on both the inside and the outside, and require a key to exit.
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a great chance he can’t shoot a moving target. Run in a direction that is at an angle to his location, rather than simply running straight away from him. That gives him an easier shot. Running away at an angle means he has to shoot a moving target, which is difficult even for trained shooters sometimes. Run diagonal to the shooter, even zig-zag, which is to cut back and forth. Remember to keep your head low, becoming a smaller target.
paper from checkstands, boxes, etc) and piling it up near the front of the store, between you and any possible approaching threats.
Once you’re sure no panicked shoppers are heading your direction in the next few seconds to escape inside the store, where you are, set the burn pile on fire. You’ll have to be carrying a lighter of course. Light the burn pile at several ends so that it creates a roaring fire in a shorter period of time. Cross your fingers and Armed Police/ hope that an overhead Military Posts Considering the grow- sprinkler system doesn’t ing probability of ter- kick on and put out rorist attacks on shop- your fire. (Hint: The bigping malls and other ger you make that fire, public places (includ- the harder it will be for ing beaches and mov- any sprinklers to put it ie theaters), we should out.) consider positioning armed police or mili- There’s no guarantee tary post close by these this will stop a shooter malls. from entering the store, but a blazing fire can Create a Diversion create a wall of flames, Start a Fire - This is a a lot of smoke, and tactic to consider using possibly confuse and moments or minutes deter a shooter(s) long after a mall terrorist at- enough for you and tack has taken place. other shoppers who First, duck into a store have fled inside a store, and start throwing ev- from the mall, time to erything that will burn make an exit out of the (clothing, magazines, back of the store to a 8
Consumer Focus
hallway or outside to a parking lot or back alley. Pepper Spray - Don’t take aim at an approaching gunman with a canister of pepper spray. His bullets will win that fight every time. Instead, carry pepper spray as a way to create a diversion and deter any gunmen from coming after your path of travel. As you’re escaping out of the back door of a store with other fleeing shoppers (and it looks or sounds like a gunman may be following in your direction in the next few moments), take out your can of pepper spray and empty it into the air back into the store you are fleeing from. Any gunman (not wearing a chemical mask, and most aren’t likely to -- unless they’re prepared for a police response with tear gas) will run face-first into a room full of the remnants of pepper spray hanging in the air. Particles of pepper spray will immediately sting his throat and pos-
sibly cause a coughing fit that will slow him down momentarily and may even scare him off in the other direction. It won’t have the full effect of a direct encounter with pepper spray -- but it may have enough effect to create a diversion long enough for you and others to make your escape. Some brands are made specifically for self-defense (other brands of pepper spray are chemically structured for potency on bears in the wilderness and that is a different concentration than the potency put together for use on a human attacker -- you want “police strength” pepper spray in this case). Though you can get small canisters of pepper spray, a large canister will give you the ability to really fill a room with a powerful pepper fog and stop most people in their tracks. If you’ve ever walked into a room where a large quantity of pepper spray has just been used then you probably know what I’m talking about.
security prisons have been known to use pepper spray on unruly inmates first before entering a room and taking down a violent inmate(s). Baby oil - Baby oil is the perfect weapon for a high school prankster because used in a generous amount it can cause a person to slip and fall and have a lot of trouble getting back up. With this in mind, women can carry a bottle of baby oil in their purse and if making an escape down a tiled hallway, pour it on the floor behind them, including at the top of a stair well, and it’s just one more diversion that can slow a pursuing threat down long enough to help a person make an escape and possibly even send a gunman tumbling down a stair well or escalator.
Like the fire and the pepper spray diversion, as much as possible in that moment be certain that no other shoppers will be fleeing in the same direction. Wave a number of people Gas-masked securi- by and then proceed ty teams in maximum to creating diversions if
you believe you have enough time and are fast enough to get somewhere to safety once a diversion(s) has been set. Keep a Level Head Easier said than done of course. But do everything you can to keep a level head and stay calm as any event unfolds -- even something as terrible as a terrorist attack. You should consider rehearsing this scenario mentally - especially if you frequently shop at a mall or you yourself work at a shopping mall. Thousands of people are employed at shopping malls. Tens of thousands of people should have plans for evacuation and or self-defense in the event of a terrorist attack or other emergency. Mall Plans for a Terrorist Attack or Civil Emergency Do you know anyone who works at a shopping mall? Ask them what kind of plans they have for a terrorist attack or mall shooter or other civil emergencies. Consumer Focus
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Most malls probably do not have any plans for the worst emergencies, other than a handful of under-equipped and under-trained mall security guards. In a way many shopping malls have their heads in the
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sand and don’t recognize the dangerous times that we are living in today. The general public, store personnel and security personnel that staff these malls are all
in danger. As more citizens are radicalized through the internet, these dangers only grow each year.
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Treat Voters As Politcal Consumers In 2016 Elections - By Kwaku Owusu Peprah
The messages, strategies and the many creative forms of political party communications adopted in the 2000 elections revolutionalized political campaigns in Ghana. In that elections the messages were not mere political talks and chants on electrified campaign platforms.
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hey were carefully crafted advertisement messages designed to convince the voters who were perceived as consumers to buy political party ideas and philosophies. The purchase is expressed in votes on Election Day.
Dr. Kobby Mensah, a political communications specialist at the Ghana Institute of Journalism who has studied the trends of political marketing in the country believes that historically, Dr Kwame Nkrumah instinctively used political marketing strategies to win a lot of support from the political masses. According to him Dr Kwame Nkrumah knew that the political elite ought to associate closely with the people in order to understand their needs and aspirations and to communicate with them in a manner that would result in winning their support. That is a typical consumer marketing position. For him as far back as the 1940s to the 1950s Nkrumah had that understanding of the need to treat the voter as consumer. However the military interventions in the governance of the country trun-
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were all segmented and designed to target different people on the political landscape. “In that election the various mechanisms that were used to communicate the NPPs policy positions were drastically different from what had been used in the past from the typical political communication perspective to a more political marketing approach.� Said Dr. Kobby Mensah The use of billboards, radio Jingles and TV adverts were effective mechanisms which transmitted the NPPs message of change.
cated the nascent culture of political marketing and communication at least from the Nkrumah perspective. During this period, political parties assumed what the peoples interest were and pushed the messages down to the masses. Dr Mensah noted that in the 2000 elections there was a deliberate attempt by almost all the parties especially the NPP to understand what the various segments of the voters needed.
There was a critical creative way of treating the voter as a consumer. Thanks to the Late Jake ObestebiLamptey who was an advertising expert and the chairman of the NPP at the time.
The clear segmentation of the electoral market was seen in the NPPs AGENDA FOR POSITIVE CHANGE which adopted a need based approach. People in the industry of speech, the academia and civil society groups caught up with the message to repel the criminal libel law. The campaign messages of the mass transport and gender issues Consumer Focus
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In the view of the Political Marketing expert, as the political temperature builds up ahead of the 2016 December elections political parties should be developing their messages to persuade electorates to vote for them; not as mere citizens but as consumers who have choices. The various parties are trying to design and package messages which would attract the attention and the votes of the citizens.
might vote for that party regardless of the state of the economy.”
Dr. Kobby Mensah said because people vote for different reasons political parties ought to identify the reasons which persuade them to vote and design attractive messages for each segment of the electoral market.
So the voter is now a consumer who looks at what benefits him or her before they make a choice in a political environment.
“For someone the important issues are the economy and employment. For another the critical issue that makes him vote are the social cultural or ethnic issues. Political marketers shouldn’t downplay any of the segments of the electoral market.” He advised. Just as we have in marketing brand loyalty, Dr Mensah said there is the possibility of political loyalty. He doesn’t understand why people feel it is not good for a section of the political masses to vote on ethnic and tribal line. He argues. “I tell them an issue to someone is a none-issue to others; people don’t vote only because of the economy. Some may not be bothered… political parties are custodians of history and if a voter wishes to preserve a certain history, he 14 Consumer Focus
We are in the days of political consumerism which means that the voter is no longer a citizen but a consumer. People no longer feel compelled to watch the president address the nation on TV. People may be watching another TV or radio channel when the President is speaking on the state broadcaster.
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enting property in Ghana can be quite problematic. This is because, there are visible challenges tenants and property owners usually encounter as a result of poor regulation of the industry being caused by non application of suitable policies, and laws to govern the industry: a negative development, often creating room for stakeholders to abuse the system with impunity.
Enforcing Rent Laws In Gh Challenges confronting stakeholders and consumers. - By Zambaga Rufai Saminu
The rental market is thus run on a pro-landlord months’ rent in adetiquette, therefore vance for a down-payplacing emphasis on ment. ownership. Interestingly, many do Consequently, Land- not follow the laws as lords in Ghana being contained in this Act to aware of the 1.7 Mil- operate, and generallion housing deficit the ly, a down payment of country is facing, and one to three years rent, how people are strug- is usually requested. gling to find shelter, have been capitalizing Apart from this Act, it on the high demand of appears there isn’t any accommodation and statutory framework demanding cutthroat protecting property fees for their properties. owners and consumers in the housing market. The Rent Act (Laws Agreements are often governing the industry) made based on muAct 220 of 1963, states tual consent between that landlords are only two parties, based on allowed to charge min- arrangements of the imum of one month owner of the property. and maximum of six 16 Consumer Focus
Lease terms and contractual agreements, are often in the control of the landlord when parties are determining what ought to be done, therefore leaving tenants in jeopardy. Generally, a term of lease, (duration of the advance payment) is capped at one to three years, with an option to renew terms of payment, all factored in the contract. Consequences of Poor Supervision According to the Rent Control, forceful eviction of tenants by landlords, arbitrary increment of rent charges
(Weak institution).
hana
by landlords, non compliance of tenancy agreement by both landlords and tenants, overstaying beyond contractual date by tenants, poor maintenance culture affecting rental properties among other challenges, are being reported by affected parties to the Rent Control offices nationwide. In an interview, the Western Regional Rent Officer, Abubakar Soalihu, stated the commitment of the institution, to remain relevant in the eye of the Ghanaian consumer, despite being described as a toothless bulldog
ed in 2015 in the Western Region and nearly According to him, the half of that, as at 15th absence of the organi- July 2016 had already zation obviously would been recorded. Out of have created a lacu- these cases received, na in the management he said 70% come from and handling of affairs landlords. “Rent Conin the property market. trol does not exist for “I am just imagining if only tenants” Rent Control were just not in existence, what These figures made would have happen to available, he said are a tenants and even land- clear manifestation or lords”? He asked. proof that Ghanaians actually make use of He could however not the services of the ordefend the poor ap- ganization. plication of the Rent Act, and related laws Dynamics of the governing the industry. Property Market “The law does not ex- The property market in pect us to just sit, but the country is under the because of certain control of three notalogistical constraints” ble arms, acting as the Soalihu lamented. operational bodies. 1. Real Estate DevelopHe blamed these logis- ers tical constraints, as rea- 2. Local land lords and sons for the inability of Associations the establishment (Rent 3. State Housing CorpoControl) to carry out its ration. mandate as required by law. All these bodies appear to act accordHe said landlords and ing to their own regutenants flouting the lations with very little laws are being prose- application of induscuted based on reports try regulations, due to being received, but not poor supervision and to the extent Ghana- monitoring by a ‘handians expect. icapped’ Rent Control, which unfortunately He revealed that over has been mandated to 400 cases were record- control affairs. Consumer Focus 17
The Rent Control is under the Ministry of Water Resources Works and Housing. As a result, Deputy Minister in charge of the sector, Sampson Ahi, was contacted to comment on specific areas of enforcement of the Act, its significance to stakeholder participation in the industry, why authorities in charge of the sector, who should know better, equally flouts the laws governing the property market, by renting properties beyond the required months as stipulated by the Act.
answer all calls placed to his cell phone, for many hours through out Sunday 16th July to Monday 17th July 2016. The text message sent to his cell phone read “The Rent Act and its significance to tenants( Stakeholders ) Is it the Rent Control that is in charge of enforcement of the Act, the courts system or the police?
Rent Control, although mandated by law to monitor and supervise activities of the industry, cannot function effectively as industry players expect, due to constraints. The 230 members of the Association have therefore been using their own strategic measures to run affairs. The only 3 developers in the Western Region of the country - Royal Palm Court, State Housing Corporation, REEDA Estate, do not involve the Rent Control at all in their business.
How come departments under the Ministry including the Rent Control equally flout the law by renting properties beyond the Direct questions required months as stip- An Executive Member fowarded to the Dep- ulated by the Act”? of the Publicity and uty Minister were not Marketing Department answered, despite his The Position of Grada of GREDA, Joe Yapromise through tele- The position of the moah, confirmed the phone conversation to Ghana Real Estate De- above in an interview: offer answers. He sub- velopers Association “The Rent Control Ofsequently refused to (GREDA) is that the ficials themselves rent
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properties and pay more than two years, which is against the law, so how can they regulate the industry? The government which is to regulate the industry, rents properties more than two years, so how can you regulate the industry? The Rent Control Department is just created to create jobs for the boys” Yamoah added “Government has very little control as to what should be charged, as to what period; the maximum number of month’s rent can be charged. So that is what is creating the problem concerning this law right now” According to the Exec-
utive Member of GREDA, “Real Estates use individual set of rules because; there is no general framework to govern the industry”
Rent Control, and then we recover our property” He lampooned the Rent Control, whilst underscoring the weak posturing the department has assumed in He stated, ”In the Es- the scheme of things in tate, we have certain the industry. add ups or let’s say hidden costs, monthly “The Rent Control can’t Estate management bite. They can’t bite, fees, monthly rental they are sitting on laws charges for the prop- or Acts , and it was erty and then miscel- made for them to reglaneous amount. So if ulate or to see to the the form is given to you proper jurisdiction of (Tenant) and then you the laws , but they are are okay, you just sign. not biting, as a result, So there is a clause un- there is no regulation in der, which tells you that the industry, it is all broif you fail to go by any ken down” he submitof these, in three con- ted. secutive times, you automatically forfeit your WHAT IS THE WAY FORtenancy. So here, the WARD? WHAT CAN WE next thing is, immedi- SUGGEST? FIND LIKELY ately you flout, what SOLUTIONS. we do is that, we take you to court and not Consumer Focus 19
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Thumps up ECG - By Bob Palitz
OK, don’t freak out everyone, but courteous. In one case, they didn’t sometimes people do a really good have an answer and they called me job and deserve credit for it. back! The call center people for ECG (0302611611) answer the phone at all hours of the day and night, and they do it QUICKLY. When the power has been off for more than an hour or so, I call them just to make sure they are aware of the problem. It’s worthwhile doing this, because if it’s a very localized problem in your neighborhood and nobody has informed them, they might not be aware.
By the way, since there is some confusion about street names in Accra (LOL - massive understatement there), if you note the number of the transformer nearest your house and give them that during the call if they need to know your location, they will be very grateful.
So someone in ECG ’s management has improved the flow of information between maintenance/operations and the call center, and the call Each time I have called them in the center is being well managed and past few months, they were aware manned by good people. of the extent of the problem, and clearly had current information from Kudos to ECG on this. the field. They were also uniformly Very refreshing. Consumer Focus 21
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GMO Foods Not On Ghanaian Market Source: dailyguideafrica.com
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ational Biosafety Authority (NBA) says Ghana has not yet introduced Genetically Modified (GMO) food onto the market contrary to reports by anti-GM crusaders that the produce were on the market.
Communication Risk Management,” the workshop was aimed at equipping the media with required knowledge on biosafety and best practices in genetic modification, research and developments with regards to addressing the myths surroundActing Chief Executive ing the introduction of Officer (CEO) of the GMO foods in Ghana. NBA, Eric Okoree, who was reacting to ru- Prof Kenneth Danso, mours about GM food, Director of Biotechsaid more public sensi- nology and Nuclear tization must be done Agricultural Research on the current state of Institute (BNARI), in a GMO foods in Ghana. presentation, said the only difference beSpeaking at a training tween GMO foods workshop organized and the conventional for journalists by the ones was the means Programme for Bio- of cultivation. safety Systems (PBS) in partnership with NBA “What is being done is recently in Accra, Mr. that with GMO crops, Okoree said Ghana genes are moved from was still at the con- one organism to the fined stage. other and not fluids or the organism itself enThemed: “Agricultur- abling direct transfer of al Biotechnology and hereditary material like
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gene from one organism to another…There has not been any scientific evidence to the effect that GMO foods pose health danger and cause hazards to the consumer.” Prof Danso was of the view that GMO crops, when introduced in Ghana, would yield positive results since they were drought resistance and could withstand any weather condition. They would ensure higher yields which would result in food security and high economic benefits. He called on the media to equip themselves with information on GMO in order to accurately and objectively report on them. Prof Walter Sandow, a Biosafety Consultant, giving an overview
of GMO food globally, said the perceived health concerns such as allergy was not peculiar to GMO foods only, adding that even the conventional foods could also cause allergies. He said 2014 was the 19th year of successful commercialization of GMO crops, adding that 18 million farmers, 90 percent of whom were poor, planted a record 181 million hectares of biotech crops in 28 countries. “On average, GMO technology adoption has reduced chemical pesticide use by 37 percent, increased crop yields by 22 percent and increased farmer profits by 68 percent.
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Are Goods Sold Indeed Not Returnable? - By Daniel Imadi Esq
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here is usually an exclusion clause, “goods sold are not returnable” written in front of the counter in many shops or boldly printed on sales invoices and receipts. However, the meaning and/or effect of this exclusion clause remains a mystery to shoppers and buyers. What this article seeks to do is provide an understanding of this exclusion clause, the circumstances for its applicability, the applicable laws and whether the goods sold are indeed not returnable. This exclusion clause simply means, once payment for goods are made, any exchange or refund on the goods is not allowed, even if the goods are found to be defective. Such exclusion clauses are used by shops/sellers to prevent buyers from returning goods purchased and/or obtain refund of the purchase price. In actual fact, anytime goods are purchased 26 Consumer Focus
from a seller, a contract is being made with the seller. Ordinarily, any issue regarding defects in the goods should be addressed by the seller within a reasonable time. However, this is not the case due to the exclusion clause boldly displayed on counters or printed on sales invoices and receipts. Applicable law In Ghana, there is no law that proves this statement “goods sold are not returnable”. The Sale of Goods Act, 1962 (Act 137) (the “Sale of Goods Act”) provides under section 8 that, the seller’s fundamental obligation is to deliver specific goods or goods substantially corresponding to the description or sample by which they were sold to the buyer. Where the seller is in breach of this fundamental obligation, the buyer may reject the goods and in addition, maintain an action against the seller for damages for the breach. Under section 55 of the Sale of Goods Act, the measure of
damages is the loss which could reasonably have been foreseen by the seller at the time when the contract was made, as likely to result from the breach of the fundamental obligation. Judicial illustrations Where, there is a breach of the seller’s obligation to deliver specific goods or goods substantially corresponding to the description or sample to the buyer, the measure of damages is premised on the loss which could reasonably have been foreseen by the seller at the time when the contract was made.
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In Tawiah v. Ghana Civil Aviation Authority & Ors [1989-90] 1 GLR 452-456, the buyer purchased the seller’s old and unserviceable storage tank at a public auction for ¢16,000. Four days later, he approached the seller with a view to collecting the tank but the seller refused to deliver it on the pretext that the Ministry of Health had requested that the tank be released to Pantang Hospital to satisfy a national need. The buyer was not satisfied with the explanation and therefore instituted an action against the seller for damages for breach of contract. The seller stated
the reason above for its inability to deliver the tank. Evidence was led to show the cost of a new tank and that of an old one at the time of the trial. The trial judge found that for its age and after rehabilitation, a similar tank could cost the buyer ¢600,000 at the current price. The court held that for non-delivery of goods to the buyer or for a breach of the seller’s fundamental obligation to deliver specific goods to the buyer, the measure of damages was the loss which could reasonably have been foreseen by the seller at the time when the contract was made as likely to result from
the breach of contract. The Sale of Goods Act also provides under section 13 that: • the goods sold must be free of defects which are not declared or known to the buyer unless the buyer has examined the goods in respect of defects which should have been revealed by examination; and • the goods should be fit for their intended purpose if supplied by the seller and the buyer expressly or by implication makes known the purpose for which the goods are required. Under the Sale of Goods Act, the buyer may not reject the Consumer Focus
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goods which he has accepted. The buyer is deemed to have accepted the goods if he does not, within a reasonable time after delivery or acceptance of the goods, inform the seller that he rejects the goods.
erable damage. The seller accepted liability and agreed to repair the car. Consequently, the seller approached Messrs. R. T. Briscoe to effect the repairs but found their estimates too high. The car was eventually repaired by a “wayside” fitter in a day and the buyer took delivery. However, after the buyer had used the car for almost two months he repudiated the contract on the ground that he had discovered some latent defects in the car. The learned trial judge held that the buyer was justified in repudiating the contract.
Time therefore, is a material consideration where a buyer seeks to repudiate a contract or reject goods delivered to him. This is because time helps to determine whether the buyer has obtained full ownership of the goods or whether the buyer has accepted the goods. On the other hand, what is a reasonable time is a question of fact which On appeal against this varies with the circum- decision, the main issue stances of each case. for the consideration of the court revolved In the case of Rockson around the right of a v. Armah (1975) 2 GLR purchaser to repudiate 116-121, the seller sold a sale upon the discova second-hand Mer- ery of latent defects. In cedes Benz car to the giving judgment for the buyer for ¢3,200. The seller, the court held buyer made cash pay- that, time was a matements of ¢2,200 and re- rial element for considmitted two post-dated eration in a contract cheques of ¢500 each of sale, since it was an for the balance of the element in the determipurchase price. Upon nation of the question delivery, the car was whether the buyer has found to have been in- obtained ownership volved in an accident (and not possession) of and suffered consid- the goods. A long pe28 Consumer Focus
riod of possession can be equated with acceptance, ownership of the goods and the assumption of all risks. In effect any undue delay by the buyer in rejection of the defective goods amounts to a positive assumption that the buyer has ownership of the goods and therefore, cannot reject the goods. If the defects in the goods are brought to the notice of the buyer before or at the time of purchase, and the buyer still purchases the goods, he cannot reject the goods because he purchased the goods at his own risk. It is instructive to note that, if an item is bought from a shop and the next day the buyer regrets spending so much money, or simply does not like the item in the morning, the item cannot be returned simply because there has been a change of heart or mind. The seller is not obliged to accept such goods if returned by the buyer.
Other legislative intervention Government has initiated the process of enacting a consumer protection law to enhance confidence and strengthen consumer protection. The proposed law will establish a Consumer Protection Authority to oversee all issues relating to consumer protection. In addition, the proposed
law will address the dis- phasized that, return play or inscription of the of the defective goods exclusion clause. must be done within a reasonable time. Conclusion Goods sold are return- Where there are no deable when the goods fects with the goods, are found to be defec- yet the buyer decides tive or unfit for their in- that he no longer retended purpose unless quires the goods, the the defects could have seller is not obliged to been detected upon accept the goods if rereasonable examina- turned by the buyer. tion of the goods by the buyer. It must be em-
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Food Safety Alert Check: Manufacture & Expiry Dates
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onsumers must always check dates on when food products were produced, expiring, country of origin, address of manufacturer, etc. before purchasing. There are a lot of unwholesome food products on the market and you should not be surprised to see some of these big malls also engaging in such acts. Most importantly make sure its approved by the Food and Drugs Authority or Ghana Standards Authority, if not it should be reported to the relevant authorities without any delay, or contact Consumer Focus 0208150096 (CF). Also report foods or products whose labels are not in our official language -English.
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