The Voice - Consumer's Voice

Was my phone new?

I bought an iPhone 11 pro at a store in the Main Mall on 12 March 2025. I returned to their shop the same week to complain about the battery. Now the phone screen is blinking and the mouthpiece is giving me problems. I have to shout for the other person to hear me. I went to them yesterday to return the phone and the people working there were so rude to me telling me I should go to the police and report. They didn't even apologize, my money is gone just like that?

Here we go again.

The first thing to understand is that it's very strange for a store to be selling an iPhone 11 Pro as new in 2025. That model was first released by Apple in September 2019 and discontinued in October 2020. The current model is the iPhone 16 so this phone is five generations old. Obviously there will be older phones still on sale but from five generations ago? Is that realistic?

Of course it's possible that this is a second-hand or refurbished phone and there's nothing wrong with that. So long as the store is open and honest about it. The law demands this. Section 13 of the Consumer Protection Act says that goods that aren't new must be displayed with "a label on the goods that indicates that such goods are used goods" and by "placing a notice on the invoice issued to a consumer".

Then there's the failure to sell you a phone that works. It doesn't matter if it's new or refurbished, the phone should work properly. The best thing to do is to take it back and insist that they offer you what the law demands: a repair, replacement or a refund.

Where's my refund?

I need your help here to name and shame a catering company. I was hosting a birthday dinner on the 8th of March and she failed to deliver as promised and failed to communicate but I paid her deposit amount of P1,000. We tried calling her but she's been ignoring them, or switched off the phone. She leaves my WhatsApp texts on read, I've communicated with someone whom I want to believe it's her house mate but she said she's not in Gaborone at the moment. Later on she sent me messages telling me that she had a migraine and she apologizes for not delivering but she will refund me. Up to date she's not responding to any calls or texts. Please help me get my money back.

The sad news is that many of the people who work in those industries that support our weddings, funerals and birthday parties are useless. Yes, there are many who are hard-working, reliable and high-quality and who deliver the very best but they are let down by the useless ones.

Frankly I don't care if she had a migraine, she should have made a plan, either with her colleagues or with another catering company.

What you deserve starts with a top-of-the-range apology. It doesn't fix your problem but it would certainly help emotionally. And then you deserve your money back. Without any fuss and without any delays. I can contact her for you but I also think you need to give her a deadline when you want payment. If she ignores that deadline then it's worth a trip to the Small Claims Court for an order against her.

The Voice - Consumer's Voice

Won't they repair it?

I bought a Bluetooth radio for P599 in Maun. They said it is an accessory and there is no warranty. In less than two weeks, the Bluetooth button on the radio stopped functioning. I was always on busy schedule and did not have time to go back to the store but as soon as possible I went back and told them my story. They said they can help me but at a cost. This was just four weeks from purchasing the radio. They took the radio for diagnosis and took a whole month with it, every time I enquired about the radio, they had to call their bosses. After 5 weeks of them having the radio at their repair center I was informed that they require P350 to repair the radio's button. I paid the P350.00 for the repair but I was really upset, so I want to understand if there is anything I can do about the matter?

This is slightly more complicated than you suggest. I spoke to the MD of the company, and he thinks there was a misunderstanding. The store manager reported that the radio had been physically damaged. They said the button had been broken and there were even burn marks on the speaker.

It's very important that we all understand that a warranty only covers manufacturing faults, not things that happen to the item after we bought it. Most suppliers offer a warranty for a year, others for even longer, but the Consumer Protection Act demands that everything must have a warranty of at least 6 months. We often see stores claiming that phones and electronic devices have a much shorter warranty but that's unacceptable. And illegal. Section 16 of the Act says that consumers can return a faulty item within 6 months and then the store must either repair it, replace it or refund you. However, they can choose which option they prefer.

But if we are the ones who caused the damage, it's up to us to pay for it.

They used my account!

I joined a business called Phoenix Gains last year and I gave them all my bank details. At first they were giving me money for using my bank details for their own business. They were depositing money every day in my account and then immediately they will transfer it out and leave a small amount like P100, P50. Normally in a day they were depositing different amounts, P5,000, P3,000 etc.

The manager of the bank once called me about the money in my account and to explain to them. I told them that is for the business for digital marketing.

Then in February they asked me to look for P2,000 so that I realize my profit. Now I'm in debt and all I want is the refund for P2,000 so that I give it to the person who lent it to me.

There are two things you need to do immediately. The first is to contact the Police and report that your bank account has been used by scammers. You need to do this for two reasons. Firstly, your account was used by criminals to transfer or launder money and the Police need to investigate this. Secondly, you need to protect yourself. Currently, it might look like YOU are the scammer and the Police need to know that you were an innocent participant.

Secondly, you need to tell your bank. I imagine they'll freeze your account which will be very inconvenient for you but not as inconvenient as being investigated by the Police as a potential money launderer and scammer!

The Voice - Consumer's Voice

My kitchen is broken!

Good day sir. In 2023 December I hired a man to come and do some kitchen fittings and ceiling which later he failed to the last finishes. We paid him P11,000.

Last week one of the kitchen fittings collapsed, I requested him to came as see the incident so we can talk about the way forward as it looks like there was wrong usage of nail in the cupboards. The glass electronic stove was shattered and 20 items were in those cupboards. I texted him on WhatsApp, he just blue ticked and my phone calls he doesn't want to pick them.

Kindly advise me what to do in such matter. Thank you.

I think you'll have difficulty here. You told me that this guy was operating as an individual, not as a company and if that's correct, the Consumer Protection Act won't apply to the work he did. It's a good example of why it's best to use a registered company to do work like this for you.

Secondly, he's clearly not very good at his job. He didn't complete the work and it looks like his poor workmanship led to the collapse and subsequent damage to your stove.

Finally, he's really unhelpful. He's ignoring your messages and calls and when I contacted him he was very unwilling to give me any information.

However, there is a hint of good news. I did a little detective work and it's possible that he is actually running a company. It's worth contacting the Competition and Consumer Authority to see if they can apply some pressure.

They blacklisted me!

Sir I need your help. In 2023 I took a bed and microwave on hire purchase and I kept on paying then my job ended and I told them I'm no longer working. Then they ended up taking their products. I was trying to apply for youth empowerment money but they have blacklisted me with the amount of P7,200. What can I do?

Unfortunately, there's not much you can do. This is how hire purchase works. It doesn't matter to the store why you stopped paying, all they care about is getting their monthly instalments. You did the right thing when you told them that you were no longer working, but they still expect to get the payments every month. If you don't, eventually they will come and repossess the goods. It's important to remember that when you're buying goods on higher purchase, they don't belong to you. Until you've made the last payment, they remain the property of the store and they can repossess them if you're in arrears.

What's worse is that even if the goods are repossessed, you'll still owe the store the money you agreed to pay them and if you don't pay them, they'll record that on your credit history so that other potential lenders can decide whether to lend you money. Obviously, in your case, this prevented you from getting a loan.

Realistically the only thing you can do is to find a way to start repaying this money and only then will they update your record.

The Voice - Consumers Voice

There wasn't even water!

I have registered a complaint with a guest house in Mahalapye about their poor service verbally while I was there, through telephone and also wrote an email. I was booked at their guest house for 4 days, and the 'executive' room that I was allocated had issues with water. At times there was no water at all or it was cold because of some malfunction. There were evenings where I had to sleep without a shower.

On day 2 I had to get my toiletry bag and cross over the compound to a standard room to shower and back. On day 3 they suggested I move to a standard room. It had no shower and I do not use lodge bathtubs for personal hygiene reasons, and the ceiling in that room had mould. All this time I alerted management and owner, but there were no other solutions, and I couldn't move to any other accommodation venue because each day they promised they will fix, but when I get back from my meetings in the evening nothing was fixed. They are ignoring my messages and email. I am avoiding posting and shaming them on Facebook as I was hoping this matter could be resolved in an amicable manner. Kindly assist.

This is a disgrace. It doesn't matter how expensive or how cheap accommodation might be, we all deserve a few basics. Clean hot and cold water, cleanliness and security are the starting points. Clearly this particular guest house doesn't understand that. Maybe they don't understand the word 'guest'?

I contacted the owner and manager of the establishment and they seemed unhappy responding. They sent two messages on WhatsApp but deleted them before I had a chance to read them. I'll keep trying. Meanwhile you might want to alert the Botswana Tourism Organisation to see if they want to advise this place on the standards they expect from establishments like this. 

Update. Still no update from this so-called "guest house". I won't give up.

Will they finish the roof?

In June 2023 ,I constructed a company to erect roof trusses and roof fascia boards. They were not put up at the time and I have since last April 24 requested them to put it up since I wanted to move into the house. The manager of the company insisted that I hire scaffolding, which I did not agree to because I assumed their prices included all tools and equipment. When I contracted them I was never informed about hiring scaffolding, this was only raised when I asked about the fascia boards. It was never explicit in the quotation that I have to hire scaffolding.

In October 2024 they requested to hire scaffolding and that we share the expense of which I agreed, but they kept on postponing to put up the fascia boards and I doubt if he`ll ever put them. I feel their delaying tactics just to get away with it. We have since moved into the house without those fascia boards.

This must be very frustrating. It's a very good example of how we must be 100% certain with builders about what is included in a quotation and what is not. It's worth asking a builder to put in writing that their quote is complete and there will be no additional charges. However, I respect you for doing a deal with this builder to get the project finished. I'm less impressed with their delaying tactics.

I contacted them and they responded very quickly, saying that they would "try to put things in order and make contact." 

Let's hope they keep their promise.

The Voice - Consumer's Voice

How did I become a Director?

Sometime in January a couple came to my workplace claiming that l took their money after purchasing a car and l told them my husband is the one in the car business. They then said the money was supposed to have been sent into my business account and l got curious. That is when l searched for the company on CIPA site and l saw that l was a director of the company. I then went to CIPA offices to seek clarity and the lady that assisted me told me that the company secretary has the authority to add and remove shareholders. l was not satisfied and was told to send emails to CIPA and l did so.

Now my worry is l don't know the activities that took place or how many people the company defrauded during the time l was presumed director. How do l get help because l tried reporting to the police they are not helping even to open a case.

This is very alarming. It's ridiculous that you can be put in the position of a company director without your knowledge and consent.

I think you should approach CIPA again, preferably someone senior, and tell them clearly that a fraud has taken place, and that they should investigate who did this and decide what action could be taken.

I checked the CIPA web site and could see that your name has been removed now, but I still think it's incredibly important to approach them and let them know. I would also go back to the Police and ask them to record what happened, even if they can't take any action. It might help if anyone else who suffered because of this company thinks you might be responsible.

Where's the tombstone?

I need your help or advice with regard to a certain funeral scheme. It happened that my father passed on last year and he was buried in January 2024. As per the package he qualified for a tombstone that should be provided 6 months after the burial.

We made follow ups from last year September requesting for the tombstone. Until today they have not provided the tombstone, they take us from pillar to post sometimes their numbers go unanswered or they say they will give us feedback but they never do. It's been a tedious journey to deal with this company more especially a certain lady who were are always referred to but she never provide assistance. How do I go about it sir? 

I'm very sorry for your loss and just as sorry at the stress and anxiety this must be causing you. The people running this scheme should be ashamed of themselves. Too many people in the funeral industry forget that that we need a higher level of service from them. They're dealing with tragic events that require a greater quality of compassion and dedication. Unlike these people.

I'll get in touch with them and see what they say for themselves.

Readers of The Voice might recall that another funeral scheme threatened us with legal action because we reported on their failure to honour their agreements with dozens and dozens of customers. It's time these schemes were effectively regulated. NBFIRA, you're doing good work with other industries, it's time for you to do the same with the funeral scheme industry.

The Voice - Consumer's Voice

Can they charge me so much?

I need your help sir. I have a personal bank account which I get my monthly salary. So on Wednesday an amount of P1,500 was deposited on my account. The same day when I tried withdraw P400 then the remaining balance was only P66.

Then the following morning I called them and asked why this has happened. They told me that my insurance company attempted to get P79 stop order which failed for three times. Then what they told is that each and every attempt they charge P340, total amount to P1,044. So I need help that is it possible that the penalty can be more over the attempted P79.

Charging you over P1,000 for failing to pay P79? This seems hugely excessive.

However, this will all depend on what it says in the agreement you signed with your bank and their current tariff guide. It's common for a bank to charge a penalty fee if we overdraw our accounts, but in this situation, that's gone too far. We need to speak to the bank to check if this is how the penalty mechanism should work.

We also need to speak to your insurance company to check if they were being fair. In my view if a payment failed they should have contacted you to ask what happened. Trying three times without calling you is unreasonable.

I'll contact both the bank and the insurance company and ask them why they are behaving so unfairly.

He won't repair the phone!

I am writing to formally report an issue regarding a iPhone 13 Pro Max phone I purchased from someone through a friend who was the one purchasing on my behalf. The transaction took place approximately two months ago. Unfortunately, the phone stopped working unexpectedly, and when I reached out for assistance, I received conflicting information regarding the warranty.

Initially, I was informed that the phone had no warranty. However, when I mentioned seeking legal action, I was then told that it does have a warranty. Despite this, the phone remains unfixed. I handed it over to him on Wednesday the 19th, expecting a resolution. However, I have now been informed that they intend to return the phone without repairing it.

I went to the police and they have told me to report the matter to the consumer office.

I purchased the phone in good faith and expected reasonable after-sales support. I kindly request your assistance in resolving this matter, as I believe I am entitled to either a repair, replacement, or a refund under consumer protection laws. I would appreciate your urgent intervention in this matter, and I look forward to your response.

This is going to be difficult, mainly because this might not be seen as a commercial sale, but a private deal between two individuals. Nevertheless, it still might be worth contacting the Competition and Consumer Authority to see if there's anything they can do to help. I'm also happy to get in touch with the seller to see if they can do the right thing. In future, whenever possible buy a phone like this from a reputable store. Yes, they DO exist!

The Voice - Consumer's Voice

How much must I pay the pawn shop?

Sir I went to this other pawn shop in Mogoditshane to pawn my car since I needed cash urgently. That was in October. I got P5,000 and they said I will be paying P6,119.

Then I was 2 months without paying. When I checked in January it was around P10,000 and I told them that I will be coming to pay in 2 days only to be told that my credit will start charging day by day. Guess when I went to check after the 2 days the credit was at P13,800. When I asked why they said this is how it is. I managed to pay P9,000 and the remaining they said I should do I roll over.

Mind you at this point the car that I pawned had a breakdown in Palapye. It's there now and they told me I should bring it. I told them I don't have money to go get it. Since I signed for the roll over they cannot credit me the change. You borrow from P5,000 upwards, from that P3,800 I did manage to pay they say they will be charging day by day if I don't bring the car. When I calculated this is P1,000 per day, Please help is this how things are supposed to be sir?

Readers of The Voice will know that there are some things I really dislike. I really dislike hire purchase and I really dislike shady microlenders. I also really dislike the gambling industry. The thing they have in common is that they are all designed to promise great things but are actually based on exploiting the desperate and unwise.

But there's something I dislike even more. Pawn shops. They promise a quick and easy way to get some cash but the conditions and costs are punishing. And if things go wrong, victims can easily find themselves in desperate situations like yours.

I think this particular pawn shop is behaving very suspiciously and it's time we involved the regulator, NBFIRA and see if they can assist you. This pawn shop needs to answer some tough questions.

A Facebook warning

We've had a tough time with Facebook recently.

As members of the Consumer Watchdog Facebook group know, we frequently post warnings about scams of all sorts. Hopefully the message gets to the members of the group who are now more than 231,000 and they can then spread the word to their families, friends, workmates and neighbors.

Unfortunately, Facebook doesn't seem to understand how this works. They have systems that are meant to prevent scams and abusive posts but it turns out this doesn't work very well.

Two weeks ago I posted a warning on Facebook about a scam. The post included some of the messages I had sent and received from the scammer. The good news is that many people responded, understanding that is was a scam alert. The bad news is that Facebook's system, completely misunderstood and saw it as promoting a scam. As a result, my Facebook profile was twice suspended and the Consumer Watchdog group has been threatened with closure.

The lesson is simple. Technology is great, but we can't always trust what human beings have done with it. Be careful what you post on Facebook. They find it difficult to tell the difference between scammers and those protecting people against them.