The Consumer Protection and an Examination of the Law and Practice in South Sudan

TABLE OF CONTENTS

DECLARATION

APROVAL

DEDICATION

ACKNOWLEDGEMENT iv

LIST OF ABBREVIATIONS v

LIST OF CASES vi

LIST OF STATUTES

TABLE OF CONTENTS

ABSTRACT

CHAPTER ONE

1.0 Background of the sludy 1

1 . 1 Who is a consumer 2

1.2 Statement of the problem 5

1.3 General objectives 7

1.3.lSpecific objectives 7

1.3.2 Research Questions 7

1.4 Justifications of the study 7

1 .5 Metliodolouy

.5 1 Area of study

1.5.2 Data collection methods s

1.5.3 Scope of the study

1.5.4 Limitations of the study

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1.6 Literature review . 1o

1.7 Conclusion 13

CHAPTER TWO 14

STATUTORY PROTECTION OF THE CONSUMER 14

2.0 Introduction 14

2.1 Various legislations on consumer protection 15

2.2 Transitional Constitution 2011 laws of South Sudan 15

2.3.Consumer Protection Act 2011 laws of South Sudan 16

2.3. 1 Unfair and unjust transactions 17

2.3.2 False, misleading or deceptive representation .. 18)

2.3.3 Consumer rights to safe, good quality goods 19

2.3.4 Consumer rights to demand quality service 19

2.4. Sale of Goods Act 2011 laws of South Sudan 20

2 4 lConditions and warranties 20

2.5 Contract Act 2008 laws of South Sudan 22

2.5. 1 Compensation for loss caused by breach of contract 22

2.6 Penal Code Act 2008 laws of South Sudan 22

2.6. 1 Adulteration of Produce 22

2.6.2 Adulteration of drugs or medical preparation 23

2.6.3 Adulteration of food or drink intended for sale 23

2.6.4 Weights and Measures 24

2,7 South Sudan National Bureau of Standard Ad 2009 laws of South Sudan 24

2.8 South Sudan National Drug Policy and Authority Act 20! 0 la’.vs of South Sudan 25

2.9 Context ofconsumer protection in South Sudan .26

2.10 Justifications ofstatutory protection ofconsumer 29

2.llConclusion 31

CILkl’l’ER 1iI1iEE 32

CHANGES OF CONSUMER PROThC’rIoN 32

3.0 Introduction 32

3.1 Industrialisation offood production 32

3.2 Pie-industrial food distribution and the need oflack for labeling 33

3.3 Early food labeling regulations 34

3.4 Food labeling atcommon law 35

3.5 Food labeling in South Sudan 36

3.6 Penal Code Mt 2008 36

3.7 Consumer protection Act 2011 36

3.8 Product liability

3.9 Justifications ofchanges in consumerprotâction and food labeling 43

3.10 Conclusion 45

~ FOIJ.R 46

ENFORCEMENT OF THE CONSUMERS RIGHTS 46

4.0 Introduction 46

4.1 Legal sources ofconsumer protection and rights enforcement 47

4.2 Consumer rights protection and enforcement in secondary law 50

4.3 Functions ofConsumer Protection Council 55

4.4 Consumer Product Safety Department 56

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4.5 Consumer rights and protection .57

4.6 Enforcement of rights by consume 57

4.6.1 Initiating a complaint to the Council 58

4.6.2 Investigations by the Council 58

4.6.3 Procedure for initiating, investigating and handling complaints 58

4.7 Powers of Court to enforce consumer rights 59

4.7.1 Consumer rights before the courts 59

4.7.2 Consumer remedies 60

4.8 Justifications of consumer rights enforcement 61

4.9 Conclusion 65

CHAPTER FIVE 66

FINDINGS, CONCLUSION. RECOMMENDATIONS AND GENERAL CONCLUSION 66

5.1 Findings 67

5.1.1 Digital content 67

5.2 Conclusion 68

5.3 Recommendations 69

5.3.3 Organisation of consumer protection principles applicable to c-commerce 72

5.3.4 Governing institutions 72

5.3.5 Consumer education 73

5.3.6 Providing consumers with redress 74

5.3.7 Complaints handling 75

5.4 General conclusion 75

ABSTRACT

Chapter one demonstrated the research problem; and this will help to convince the readers that the problems exist and that opportunities of consumer should be adjusted.Chapter two involved the statutory protection of the consumer and why consumer protection is needed. It has discussed the various legislations on consumer protection and the justification forthe laws. It will therefore lead to appreciation and understanding the research that has already been done in this area of interest,Chapter three has discussed the changes of consumer protection including: early food labeling, food labeling at common law and food labeling in South Sudan. It has also discussed product liability, negligence and the manufacturer liability for defective goods.Chapter four has involved enforcement of consumer rights in civil and criminal proceeding. it has also address the various redress for available to the consumers.Lastly chapter five dealt with the findings, conclusion, recommendations and general conclusion.