The Voice - Consumer's Voice

Must I pay?

I was renting a flat in Gaborone since January 2022. The initial lease was for 1 year which was subsequently extended twice to January 2025. In September 2024 my employer wrote me a letter of transfer from with effect from 1 October 2024. On the 23rd September 2024, I gave the property administrators one calenda months' notice to terminate the lease agreement with effect from 31 October 2024 and provided them with the letter of transfer from my employer. I vacated the premises on 26 September 2024 and in October 2024, I repainted the flat as per the lease agreement at my own cost and carried the required maintenance. I paid the October 2024 rent and paid my water bill and then applied for termination of the water account which was in my name. The property administrator then informed me that my lease agreement had no termination clause and I am liable to pay rent for the remaining period of the lease should they fail to get another tenant. They even asked me to look for tenants as well.

I need your advice in this matter. The administrators have sent me statements for the 3 from November 2024 to January 2025, which I am reluctant to pay since in my view I gave adequate notice to vacate the premises and terminated the lease.

You don't need to be a lawyer to understand that this all depends on what's been put in writing. You sent me a copy of your lease and they are correct, there is no termination clause. Also, in both the extensions you had to the lease, it said that the previous conditions would continue. Realistically, I think you're committed to the end of the lease period. It might be worth trying to find another tenant who can take it over from you but it's critical that you keep talking to the property administrators so they don't think you're trying to evade your responsibilities.

The lesson from this is that whenever you sign a lease, no matter what it's for, whether it's residential or business, always insist that there's a termination clause. And always read the lease agreement thoroughly. And then read it again. If necessary, talk to someone who knows about these issues who can advise you on whether the lease is reasonable for both parties.

It's been patched!

I need your help. I bought items at a furniture store in November 2023 a set of sofas and a king double bed. When sweeping I realized that one single sofa seems it has been patched. Meaning might have teared and was patched. The other one the staples are visible and around the staples the fabric is already tearing. I called them and sent the pictures of the sofas. They sent someone to look at them and said they'll help even today they are not helping.

No, this is not acceptable. You are being mistreated.

Section 15 of the Consumer Protection Act says that a:

"consumer has the right to receive goods which are of good quality, in good working order and free of defects". 

A sofa that has been patched clearly isn't "free of defects", is it?

But I'm not surprised. You told me the store you'd visited, and they have some history of ignoring the rights of their customers. I contacted them about another consumer's complaint and they assured me that they only offer a warranty of three months on the goods they'd sold. I'm sure by now that all readers of The Voice know that the law says a consumer can return faulty goods within six months, not three.

I think it's time I contacted this store and remind them again about how they need to treat their customers.

The Voice - Consumer's Voice

What do I owe them?

Greetings, may I kindly request advice.

My story is, I hired this company to do a deck for me. They quoted P45,000 and required me to pay 50% deposit to commence work, which I did in July 2024. They then did a deck frame but could not complete the job. In October they confessed they have difficulty with cashflow and asked me to pay the remaining balance so that they finish the job. I did but they did not complete the job.

It's been 5 months waiting but still no progress. I now don't know what best action to take. Please advise. Thank you.

I think you need to escalate this situation and give them a deadline. They've done some work already so they deserve to be paid for that but they need to understand that they can't just abandon this project without consequences. Tell them that they must either complete the job or refund you a suitable amount. They must understand that if they fail to fix this problem, you'll take legal action against them to recover the money they owe you. Then, if they fail to fix it, you can go to the Small Claims Court for an order against them for the money you paid them, minus the value of the work they've done so far.

This is an example of how it really helps if you have the agreement in writing that explains when and how they will get paid for the work they do. You'll then have evidence to use if you start legal proceedings.

I'll also contact them and see if they can avoid any unpleasantness.

Who broke it?

I don't know how you can help with this one. I bought an 86 inch TV on Friday for P22,000. It was switched on and everything seemed alright. It was when I got home and switched it on to find out that it had a crack on the top left corner. This is so surprising in that the TV never fell nor mishandled at any point in time, even the road I used had no bumps and it was tightly secured on the bakkie. I'm so devastated since I bought it for cash and they can't believe my story. I don't know what to do at this point. I might go mad.

I'm really sorry for how frustrated and disappointed you must be. After spending all that money, it must be incredibly irritating.

I suspect that once you took the TV from store it became your responsibility to care for it and the store will then deny any responsibility, particularly as the TV was working before it left the store.

It's probably no help to you but this might have been different if you had paid the store to deliver the TV and install it for you. That way they would have taken responsibility for any damage that might have been caused while it was being delivered. It might have been worth a few hundred Pula to avoid this difficulty.

The Voice - Consumer's Voice

Is the shipment real?

There is someone in Australia who sent me luggage through a certain shipping company. Now they want me to pay $550 before the luggage could leave Fiji. Please help. Is it genuine or they are trying to scam me? They are saying I should deposit $550 to release the shipment.

I hope you've realized by now that this is a scam?

Readers of The Voice will be familiar with this sort of scam because we've reported on it many, many times. The tragic thing about this particular scam is that there's an emotional, sometimes even romantic element to the scam. People are left poorer but also heartbroken, embarrassed and ashamed.

These scams usually start with conversations with a stranger on Facebook or other social media platforms, someone charming and flattering. The targets are almost, but not always women and often women struggling alone with children and with modest incomes. The scammer portrays himself as someone mature, single, not rich but financially stable and always in a country far, far away. The conversations will start as friendly but will very quickly develop into something much more meaningful. Very soon love will be expressed. Plans for the future will be discussed.

Of course this is all a scam. Very soon after the victim has fallen for the scam one of two things will happen. Sometimes both. The first option is that the scammer will claim to have a crisis. Maybe he's had an accident and has been admitted to hospital or has been the victim of a crime and he's lost access to his money. Either way, he'll need money and the victim, who by this stage is in love with the scammer, pays up. The second option is a shipment. As a gesture of his devotion, he'll send a parcel containing new phones, a laptop, jewelry and cash. But, like in your case, there's a shipping problem. A customs official somewhere will apparently stop the goods and demand a fee to release them. However, whatever story is being told, that's what this scam is all about. This "advance fee" is what the scammer is seeking. And if the victim pays, there will just be more and more demands until the victim realizes the terrible truth.

The only solution is to block the messages and move on. And don't believe anything total strangers tell you again.

A scam update

A few weeks ago we reported on another scam where the victim believed she had made over P4 million through Yellow Card. Her relatives all recognized that she was being scammed but they couldn't persuade her to stop paying the scammers money. When we covered it here in The Voice, she'd already paid over P200,000 to them including P90,000 she borrowed from a family member. Despite everything her family and friends told her, she sincerely believed that she only had to make a few more payments before her millions would be released to her.

My advice was to keep trying to persuade her in a non-blaming, loving way but it didn't work.

She kept paying. In the last few weeks she's paid them another P10,000 and it's likely she'll keep paying them until she runs out of money and relatives to borrow from.

I've agreed with the victim's relative that we now must involve law enforcement. We all know that a serious crime is being committed and it's our duty to inform the Police. Just like we'd call the Police if we saw thieves breaking into our neighbor's house, we have a neighborly responsibility to let them know a crime is being committed and we need them to step in. Maybe someone in a uniform will have more luck than we've had?

I know it's easy to be dismissive of this situation and think she's been foolish but imagine it was your Mum or Granny. Wouldn't you want action to be taken to protect her from herself?

The Voice - Consumer's Voice

They sold me a fake!

Long story short, I bought a toner cartridge from a store on 9th May in Gaborone. The toner is for an HP Laser Jet and is for my small printing jobs at home. When I bought it; I still had my remaining toner but since I live in Selebi Phikwe and this particular toner is not available there; I decided to buy and keep for future use. On Thursday the existing toner runs out, and I'm not worried since I definitely have the backup. Now imagine to my dismay, the printer is not 'reading' the toner. It gives a 'supply memory error' sign. So I decided to ask a technician to take a look if maybe the printer was the problem but he says the toner cartridge is counterfeit and showed me the difference with the original. There were visible size differences to the toners since it wasn't a genuine product.

I went to check the receipt since I had it after all this time, and on their receipt is written a disclaimer that they do not accept returns of toners and cartridges! Meaning that even if I had realized same day that they sold me a fake toner, their silly disclaimer says I cannot have my monies back when they are the once who are selling fake toners. Imagine a huge company making huge profits fraudulently off hard working Batswana. My P1047 for the toner that went to their pockets was not fake, why should I be stuck with their fake toner and P1047 poorer while they line their pockets with my money??!! This can't be right.

Anyway, I needed your advice on this. I realize from May has been a while, but their disclaimer would still have applied same day so I don't think the duration matters; but their selling of fake toners is very offensive and they should be told off. And imagine if they have a whole warehouse full of fake toners to sell to unsuspecting citizens then hide behind a disclaimer of no toner returns!! Bollocks!

I agree with you entirely. This is bollocks.

It really doesn't matter when this company sold you the cartridge, or what warranty they offered, this is much more serious. They haven't just broken the Consumer Protection Act (which they certainly have), they're selling illegal and fake products. I think you should contact them and ask them to explain themselves. I'll do the same. Hopefully they'll be too scared to argue and will either replace the cartridge with a genuine one or will refund you. However, whether they do or not, we also need to report them to the Police and to the legitimate HP representative in Botswana. Counterfeit goods aren't just troublesome to the real manufacturers, they're a problem for consumers as well.

Can I get a refund?

Kindly assist me here. I bought bails from a supplier in Commerce Park Gaborone at the end of June 2024 amounting to P3,500 only to find out that one bail I was given something that I did not want. I wanted to buy ladies coats but I was given fashion jackets. I was advised to return the bail to the store by the owner but I was not refunded. They said they will try to sell my bail for me to be paid back my P1,750. There is no clear communication on my payment, I am always calling to check on how far with the payment but I am not getting a clear answer on that.

It's been 5 months now and I haven't been paid or given any feedback and my business is suffering since July 2024. Looking forward to your positive feedback.

I think this is a very good example of where agreements need to be in writing. I've heard from so many people who buy these bails online but are then disappointed when the goods arrive.

The good news is that when we chatted you told me that the supplier agreed in a message to refund you. I think the best thing to do is to message or email them saying that unless you get a refund within 7 days you'll go to court for an order against them. If they fail to do this you should go straight to the Small Claims Court with all the messages you've saved and see if they can assist you.

I'll also contact them and see if I can influence them.

The Voice - Consumer's Voice

Where are they?

I've ordered layer cages and layers and paid 100% in advance costing P440 000 and its been 4 months now telling me stories. They sent a quote then i paid accordingly. He kept calling and saying the cages are coming for the past 5 weeks and never responded. He claimed the layers arrived before the cages so they are waiting for the cages in the meantime he will keep the layers at his farm. That was on the 9th of October.

This Friday he said the cages are being loaded in SA only for him to call later and said the truck has died enroute to Gaborone on the South African side.

This sounds incredibly frustrating and also incredibly expensive.

I was concerned to learn when we chatted that you had non written agreement with this supplier that described the delivery times and what can be done if there's a problem. I know you have a quotation but I think that any agreement as expensive as this needs something more. But it's too late for that now.

I'm not an attorney but I think the time might be right to consult one. If I was in your position I'd start by getting a message to the MD or CEO saying that unless they either deliver the goods or refund you within 7 days, you'll start legal action for a refund. If that doesn't do the trick, you'll need to find an attorney who can support you.

I can also contact them. We don't have the same legal authority as an attorney and a court but do they really want to risk exposure in The Voice? Are they that brave?

They ruined my suit!

I was recommended a person who apparently runs a cleaning operation in Palapye to dry clean my suit and jacket. I gave them my suit and a jacket specifically telling this person about them to be dry cleaned. In the evening of the very same day they collected the items from me they called me and told me my items are giving out colour. I asked how was that possible, and I asked them to send me a photo. In that moment when I saw the photo I asked what they were using to wash the items. I was told they are using the washing machine, and when I asked why they washed my items with soap and water when I specifically asked for dry cleaning, and there was no answer.

The next day when I went to meet them at their place of work, I was approached with unpleasant attitude, and the story was that they have washed suits for many other people and never got complaints. I have since left them with the items to seek redress. They are giving attitude after messing up my clothes and now I have to incur the cost of taking the items to another cleaners to do a proper work of fabric revitalization.

Please advise who I can see to mediate this issue and settle the matter with this person.

There's a word for this. 'Incompetence".

Every man and every woman with a nice suit knows that they must be dry cleaned. They can't be thrown in the everyday washing with the t-shirts and underwear. Soap and water aren't good enough. They deserve specialist dry-cleaning.

But it seems that this cleaning company know a lot less than the rest of us. Obviously they don't understand how to do their business, how to clean expensive items of clothing.

Section 14 of the Consumer Protection Act says that when:

"a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to … performance of the services in a manner and quality that consumers are reasonably entitled to expect".

Do you want to explain this to them or shall I? Let's both do it.

The Voice - Consumer's Voice

Can I get my money back?

I bought a car Mazda CX5 for P92,000 from a car dealership in Mogoditshane on 17th October and it immediately gave me problem of overheating. The salesman said we should bring back the car so he can attend to it. I left it with them on the 18th and collected it on the 21st then travelled to Gantsi.

On our way the car started losing power and could not reach 120km/hr. The salesman said we should observe it and give him feedback. On the 25th the car stopped with me in the middle of the jungle. We called the mechanic to diagnose for us and he said it was injectors. I asked if it we can drive it to Gaborone and he said its best we tow the car. On the 28th we towed the car to Gaborone and we paid for the expenses. We left the car at the garage and collected it on 5th November and travelled back to Gantsi. The car stopped 165km to Gantsi. It was overheating and speed not exceeding 80km/hr. We called the salesman again he said we should let it cool down before proceeding with our journey. The car refused to perform and we called him again and he said we should tow the car to Gantsi. So we towed the car to Gantsi and paid P1,800.

When we talk to him to refund and find a way to come get the car in Gantsi he started being angry and told us to bring back the car and get our money. When reminding him that he is responsible for the cost he said we should use the balance of P3,000 that is left with us but we paid for towing from where we were stuck to Gantsi. When telling him that last time when we towed the car to Gaborone we paid P8,000 after negotiating with the towing company. I need help to get my money back for the car and the money we used to tow the car.

I'm not an attorney, but I suspect there's a mixture of good and bad news for you. The good news is that the car dealership said they would repay you the price of the car, the P92,000. I hope you got that in writing, even if it's just a WhatsApp message.

However, it might be a challenge to get back the towing fees. I'm not trying to defend this dealership that sold you an unroadworthy car, but it's not their fault that you were so far away from them when the car broke down.

The most important thing when you buy a second-hand car is to always get it thoroughly inspected by a mechanic before you pay the dealer. The inspection might cost you a few hundred, but it might save you tens of thousands.

What can I do?

Someone close to me is claiming to have made over P4 million through Yellow Card and is busy paying money every day saying its clearance fees, income tax and I'm told she has been doing this for over a year now. I tried to warn her but she doesn't want to listen.

The victim was told her cheque is at FedEx and was taken to BURS who demanded P19,000 tax and then returned the cheque back to FedEx after the P19,000 was paid by the victim. This other relative tells me she is owed P90,000 being the money the victim keeps on borrowing to pay for those unending levies that are demanded by various financial bodies including the IMF, which are said to be clearance fees for the money to be deposited into the victim's account.

Her debts are mounting every day because she claims the P4 million cheque is waiting for her somewhere. Unfortunately she is keeping this to herself because she thinks soon she will be P4 million richer. I found out the money paid to these guys is over P200,000.

This is tragic. As most of us will know none of what she's been told is true. She's not dealing with Yellow Card, Fedex, BURS or the IMF. She's dealing with scammers.

Thankfully, she has people like you who are skeptical and who are trying to persuade her that it's a scam. However, very often in situations like this, the victim is so emotionally committed to what they hope will happen that they can't see the truth. I think the best thing we can do is report this to the police. We know that a crime is taking place, and we need law enforcement to do their job.

The Voice - Consumer's Voice

How does it work?

Good day sir I want clarity on something. I took a bed and TV from a furniture store then I had challenges to pay so last year around May then they came and repossessed their belongings. Then I was told I was blacklisted. Ok it's then then I went to the shop to ask for my credit scores and they told me to pay them P8,000 to settle the credit. So sir I want to understand how it works?

I also want to know what are the procedures to be removed from ITC. Does it mean banks won't help me with a credit record still in the system?

Unfortunately, as we've explained here many times before, this is how hire purchase works. If you don't pay your monthly instalments the store can do several things. Firstly they can ignore any obligations they have to fix any faults the item develops because the item doesn't belong to you, it still belongs to them. That's why it's called 'hire' purchase. Until you've made the final payment, the goods aren't yours. That leads to the second problem if you're behind with your payments. They can repossess their goods immediately and without going to court. That's because when you signed the hire purchase agreement you gave them permission to recover their goods from you.

Then you encounter another problem. Even though you no longer have the goods, you still owe them the money. They might sell the repossessed goods for a small sum and they might deduct that amount from your debt but it's not guaranteed. This debt will never easily go away.

Finally, the company is likely to increase your debt with penalties, interest payments, and charges for every letter they send and phone call they make. They will then register that debt with a credit reference bureau and that record will remain there until you repay the debt completely. Even after that, it will still be there for a couple of years so other lenders can then decide whether or not to lend to you based on your recent history.

I contacted the store and asked them to check how much you owe them and explain it to you. Then you'll need to negotiate a repayment plan that you can afford.

Can they repair it?

Hi Richard. I recently purchased a washing machine from a certain store in Gabs brand new but it was faulty on the first attempt to use it the same month I bought it in. I only used it once and its been 3 weeks. I requested for a refund or them to fix the machine they are telling me they don't offer refunds but rather fix the machine. How do I deal with the store or where do I report them? Sometimes I think these people sell faulty things and that there is like a loophole for consumers and I think it should also have a duration as to how long they should take action more especially with electrical gadgets.

Readers of The Voice will probably know by now that Section 15 (1) of the Consumer Protection Act says that a consumer "has the right to receive goods which are of good quality, in good working order and free of defects". That's simple. The next section of the Act, Section 16, says that if goods are faulty the consumer can return them within 6 months of purchase for a repair, a replacement or a refund. Those are the three Rs. That's regardless of the warranty that the store offers.

However, the store can choose which of these options they prefer and in many cases a store will try to repair a faulty device first before offering us a replacement or a refund. That makes sense for them because it's probably the cheapest option. But what these stores often forget is that they only get one chance to repair it. Section 16 also says that if "within three months the same problem recurs" they can no longer try to repair it and they only have two Rs left, a replacement and a refund.

Finally, it's important to know about Section 14 of the Act which says that we are entitled to "timely performance and completion" of any services a supplier offers us. So let them try to repair it but make sure they don't take too long about it.