s 5–Sch.
CONSUMER CONTRACTS ACT
(2) A court may grant relief under this section—
(a) either on an application made to it for such relief or in
the course of proceedings where any other relief is
sought; and
(b) subject to subsection (3), either on its own initiative or
at the instance of a party to the proceedings concerned.
(3) A court shall not grant relief under this section—
(a) on its own initiative if the party in whose favour the
relief might be granted has waived his rights under
this Act at any stage in the proceedings;
(b) solely on the ground that a consumer contract contains
a scheduled provision—
(i) if the contract was concluded before the
provision concerned became a scheduled provision; or
(ii) if the court having regard to the factors set out in
section five, is satisfied that in all the circumstances the consumer contract is fair despite
containing the scheduled provision; or
(c) if the claim for relief has become prescribed and the
party against whom the relief might be granted invokes prescription.
(b)
such exercise or non-exercise is not or would not be
reasonably necessary to protect the interests of any
party; or
(c) such exercise or non-exercise is or would be contrary
to commonly accepted standards of fair dealing.
(2) A court shall not find the actual or anticipated exercise
or non-exercise of a power, right or discretion under a
consumer contract to be unfair for the purposes of this Act
solely because a party affected thereby suffers or may suffer
a penalty or forfeiture or a loss or diminution of any right or
benefit under the contract.
(3) In determining whether or not the actual or anticipated
exercise or non-exercise of a power, right or discretion under
a consumer contract is unfair for the purposes of this Act, a
court shall have regard to the interests of both parties and in
particular, shall take into account, where appropriate any
precautions that might reasonably be expected to have been
taken to protect the interests of the parties if the contract had
been concluded on terms and conditions other than those on
which it was concluded.
7
Amendment of Schedule
(1) Subject to subsection (2), the Minister may, by statutory instrument, after consultation with—
(a) the Consumer Council of Zimbabwe; and
(b) the Confederation of Zimbabwe Industries; and
(c) the Zimbabwe National Chamber of Commerce; and
(d) such other organizations representing consumers
manufacturers, dealers or suppliers of goods or services as the Minister considers appropriate;
amend the Schedule by deleting or amending any provision
contained therein or adding any provision thereto.
(2) Before amending the Schedule in terms of subsection
(1), the Minister shall give not less than thirty days’ notice in
the Gazette of his intention to do so, inviting interested
persons to make representations to him in writing concerning
the proposal, and shall give due consideration to any
representations so made.
5
When consumer contract is unfair
(1) A court may find a consumer contract to be unfair for
the purposes of this Act—
(a) if the consumer contract as a whole results in an
unreasonably unequal exchange of values or benefits;
or
(b) if the consumer contract is unreasonably oppressive in
all the circumstances; or
(c) if the consumer contract imposes obligations or
liabilities on a party which are not reasonably necessary to protect the interests of any other party; or
(d) if the consumer contract excludes or limits the
obligations or liabilities of a party to an extent that is
not reasonably necessary to protect his interests; or
(e) if the consumer contract is contrary to commonly
accepted standards of fair dealing; or
(f)
in the case of a written consumer contract if the
contract is expressed in language not readily understood by a party.
(2) A court shall not find a consumer contract to be unfair
for the purposes of this Act solely because—
(a) it imposes onerous obligations on a party; or
(b) it does not result in substantial or real benefit to a
party; or
(c) a party may have been able to conclude a similar
contract with another person on more favourable
terms or conditions.
(3) In determining whether or not a consumer contract is
unfair for the purposes of this Act a court shall have regard
to the interests of both parties and, in particular, shall take
into account, where appropriate, any prices, charges, costs or
other expenses that might reasonably be expected to have
been incurred if the contract had been concluded on terms
and conditions other than those on which it was concluded.
8
No waiver of protection of Act
Subject to paragraph (a) of subsection (3) of section four,
no agreement to waive any right conferred by this Act shall
be of any effect.
9
Act not to derogate from other laws
Nothing in this Act shall derogate from rights which any
person may have to relief under any other law in respect of
any contract.
1.
2.
6
When exercise or non-exercise of power, etc. is
unfair
(1) A court may find the actual or anticipated exercise or
non-exercise of a power, right or discretion under a consumer
contract to be unfair for the purposes of this Act if—
(a) in all the circumstances the result of such exercise or
non-exercise is or would be unreasonably oppressive
to the party affected by it; or
[Chapter 8:03]
3.
4.
518
SCHEDULE (Sections 2 and 7)
SCHEDULED PROVISIONS
Any provision (commonly known as a “voetstoots
provision”) whereby the seller or supplier of goods
other than used goods, excludes or limits his liability
for latent defects in the goods.
Any provision whereby the seller or supplier of goods
or services excludes or limits the liability which he
would otherwise incur under any law for loss or damage caused by his negligence.
Any provision whereby the seller or supplier of goods
or services excludes or limits his liability unless a claim
is brought against him within a period which is shorter
than would otherwise be permitted under any law regulating such claims.
Any provision whereby the seller or supplier of goods
excludes or limits his liability in the event that the