DPP : Satyajit Boolell advocates for a new consumer protection regime

In its recent newsletter, the Director of Public Prosecutions, Satyajit Boolell, SC, tackles the issue pertaining to consumer protection in Mauritius. He explains that consumer protection in Mauritius has become an empty slogan, in spite of our best efforts to apply the law. “The frenetic pace at which products and services are being exchanged at the market place has led to a significant shift of attitude and contractual advantage in favour of sellers of products and services. We are no longer in a “let the seller beware” situation but rather a “take it or leave it” one. Today’s consumer is helpless to assert his rights.” 

He refers to the food industry; we are fed with food full of artificial enhancers, additives, fats and very often genetically modified. He states that this is why the average Mauritian is either a heart patient or suffer from diabetes, high blood pressure or obesity. “There exists in Mauritius a plethora of laws, in the forms of Acts and subsidiary legislations which are meant to protect the consumer from the hazards of health and safety, the dangers of misleading advertisements and deceptive representations, as well as ensuring access to adequate information. Our laws are unfortunately fragmented, difficult to apply to constantly evolving market forces and at times, redundant.” 

He further elaborates that today, the landscape for trading products and services has changed. “Today, we are confronted with a new breed of e-consumers, daily transacting online to purchase products and services. In many ways, these e-consumers are more vulnerable, as they typically cannot examine the product prior to purchasing it and may not know from whom they are buying. The e-consumer is at risk the moment he opens a bank account and discloses his private information online. Identity theft online is now epidemic. The internet is a communication medium without geographical or national boundaries, hence, the difficulty of enforcing domestic laws outside of Mauritius against a foreign supplier.” 

Additionally, the DPP made reference to the Law Reform Commission of Mauritius which produced a comprehensive report highlighting the lacunas in our legislation and invited our legislators to introduce new legislations to restore the parity of bargain between the seller/supplier of goods and services and the Mauritian consumer in October 2010. However, he underlined that he cannot confirm whether the Report was ever considered by our policymakers. “Amongst the numerous proposals made, the Law Reform Commission advocates for an accessible system of redress for consumers, including a mechanism for consensual resolution of disputes arising from consumer transactions. It should be a structured body staffed with professionals from social and economic fields assisted by representatives of consumer associations.” 

According to him, this will be a first step to restore the widening gap of parity between a seller and a consumer. “We should ensure that contracts no longer exclude the rights of the consumer in the instance of non- performance or inadequate performance by the supplier. Nor should a consumer, who fails to comply with his obligations, be required to pay disproportionately high compensation. As we move in a new digital age, the time has come for a new consumer protection regime.”