Tuesday 30 July 2013

The Needs of the People

The Consumer News Namibia Magazine prides itself on providing information to the people of Namibia as a free (and freely available) monthly magazine. In our magazine we highlight many issues of interest that affect the daily lives of our readers.  In short, we talk about the needs of the people in the “Land of the Brave”. In the following piece, we explore what are these needs and the rights that go with us being able to fulfil these needs.

The Need for Subsistence
Need:                 Subsistence
Qualities:           physical and mental health
Description:       Every person has the right to basic goods and services which guarantee survival. This includes access to food, water, electricity, telephone, Internet and affordable housing. The state has to ensure the relative stable state of balance between all the different citizens (and their needs) in our population

The Need for Protection
Need:                 Protection
Qualities:           Care, adaptability, autonomy
Description:       Every person has the right to access social security, adequate health facilities and regulation of a safe working environment. This includes personal security, financial security, health and well-being and safety net against accidents/illness and their adverse impacts, as well as the provision of employment opportunities

The Need for Affection
Need:                 Affection (meegevoel)
Qualities:           respect, sense of humour, generosity, sensuality   
Description:       Every person has rights - and the responsibilities that go with these rights. This includes the ability to share with others, take care of the less fortunate in society choose who we are intimate with and ensure our privacy is respected. Our interaction with our natural environment is included in this section

The Need for Understanding
Need:                 Understanding
Qualities:           critical capacity, curiosity, intuition
Description:       The right to education (from the cradle to the grave) allows every citizen to access the information needed to improve their personal lives. This not only refers to primary, secondary or tertiary education, but also financial literacy and other Economic, Social and Cultural (ESC) rights and issues affecting our daily lives. It also includes the access to Information and Communication Technology (ICT) and the ability to use these new technologies.

The Need for Participation
Need:                 Participation
Qualities:           receptiveness, dedication, sense of humour
Description:       The right to participate and voluntary association in non-discriminatory organisations. These refer mostly to civil society and freedom of religion. It also makes reference to voters’ education and political and cultural tolerance. While ensuring freedom of speech and association, it insists upon responsibility and duty of the individual citizen to respect the rights of others

The Need for Leisure
Need:                 leisure
Qualities:           imagination, tranquillity, spontaneity
Description:       The right to relaxation, having fun in places which are intimate or places to be alone. This also refers to encouraging day-dreams or “future dreaming”.

The Need for Creation
Need:                 creation
Qualities:           boldness, inventiveness, curiosity
Description:       Each person has the need to be creative and be provided with the abilities, skills, work or techniques needed to invent, build, deign, compose or interpret the world around us

The Need for Identity
Need:                 identity
Qualities:           sense of belonging, self-esteem, consistency
Description:       A person finds their identity through their language, religion, work, customs, values and norms. Every person must have the right to interpret their own view of these and be allowed to practise their identity without harming others.

The Need for Freedom
Need:                 freedom
Qualities:           autonomy, passion, self-esteem, open-mindedness
Description:       The need for freedom allows equality of rights while ensuring differences of opinion allow us to further develop our personal awareness.
Conclusion
As human beings we have certain needs. In the struggle for freedom we have won certain political and civil rights. These are not yet sufficient to give us the dignity we deserve as sons and daughters of the soil. This is the economic fight we often still hear about. This battle can only be won if each person as an individual not only insists upon their rights, but also recognizes their responsibility to give back their community.

“We have fought for our rights. We now affirm our responsibilities. We acknowledge each of us has a duty to ourselves and our neighbours.”


MYTHS REGARDING WILLS AND DECEASED ESTATES


  • Due to freedom of testation you can basically say anything you like in your Will. 
  • Your last “Will and Testament” is a contract
  • It is the duty of an executor to make funeral arrangements.
  • Do signing powers and power of attorney lapse at death?
  • Does interest on investments and debt cease at death?
  • Do contracts and lawsuits lapse at death?
  • Does the executor summarily sell all estate assets?
  • Does everyone have a right to inherit?

Most of us are afraid of dying. In our society many people still consider it taboo to discuss issues surrounding their death. However, it is an important part of money management (financial literacy) to be aware of the issues of dying, wills and testaments.

Some of the most commonly beliefs are:
  • ·         If you die without a valid Will, your assets are automatically forfeited to the State.
  • ·         Everyone has a right to inherit from a parent.
  • ·         An oral promise of an inheritance is a valid promise.


These are all myths, and here are some other misunderstood points:

No. You are not allowed to speak from the grave. For example, in your Will you cannot ask the person appointed as your executor to carry out your wishes, if to do so would go against any Acts of Parliament, promulgated regulations or other rules. You may also not make stipulations which are contra bonos mores (contrary to public morals), for example by making your son's inheritance conditional upon his divorcing his wife. You may also not take away the right of a parent of guardianship of his or her biological child.

No. Strictly speaking, a contract is an agreement between two or more persons, whereas a Will is a unilateral (one-sided) declaration of your last wishes. However, the amount you agree to pay the executor in a Will may be regarded as an enforceable contract.

No. However, if he does so, it is in his personal capacity. Only funeral costs (burial or cremation) and the cost of a gravestone (or a niche in a vault, or columbarium) are claims that can be made against the estate. Other costs, for example telephone and travelling costs and the cost of funeral refreshments, cannot be claimed unless you specifically state them in your Will.

Yes. Only the executor may, once he has been appointed by the Master, withdraw funds and sign documents.  (“Signing Powers” and “Power of Attorney” means is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter.)

No. Interest receivable on your savings account and investments ceases only upon withdrawal and closure of the account by the executor. Interest payable on debt, such as mortgage bonds and hire-purchase agreements, ceases only when the debt has been redeemed.

The executor must honour all contracts entered into by the deceased prior to death, unless the contract provides for its lapsing upon death. If the deceased was involved in a civil court case, then, provided court pleadings have been finalised (the legal term is ‘closed’), the case will usually continue. A criminal case against the deceased will, however, automatically lapse.

No. His primary task is to follow the wishes in the Will. He may sell assets only as stipulated in the Will, or at the request of an heir, or where there is insufficient cash available to settle claims.

No. However, a child has a right to maintenance from both parents and, if the surviving parent cannot provide, then the child’s claim lies against the estate of a deceased parent, and enjoys preference over the claims of heirs and legatees. A surviving spouse also has a right to reasonable maintenance. And if you do die without a valid Will, the provisions of the Intestate Succession Act apply, and an executor appointed by the Master will distribute your net estate (assets less liabilities) to those heirs and in the proportions specified in the Act.


If you are older than 18, you have a responsibility to become financially literate by seeking advice from a competent advisor on issues of wills and testaments among others.

Zero Tolerance should be Implemented

Recently the taxi drivers in Namibia have threatened a strike because of the high cost of fines being paid for traffic violation. One of the most common is where the taxi driver stands at an illegal area such as a red or yellow lined street corner or sometime right in the middle of the street. During the interview on television, one of the taxi drivers rightly pointed out that this is often the fault of the passenger who stands at such places. Furthermore, the taxi driver stated that if he does not pick up the passenger (or does not drop them where they say), another taxi will so he is forced to do so if he wants to earn a living.

This is unfortunately so. We as the consumers of this public taxi service are often to blame as we do not consider the obligations or rules of the road. Often the passenger in a taxi will comment how badly other taxi drivers are stopping or hindering the flow of traffic, but when it is their turn to disembark, they do exactly what the previous passenger had done. It is thus with this in mind that there have been calls for traffic fines by given to passengers as well.

While we are discussing this issue, I would like to enquire why the City of Windhoek does not increase their writing of fines for jaywalkers. (Jaywalking is a term originating in the United States and widely used elsewhere that refers to illegal or reckless pedestrian crossing of a roadway. Examples include a pedestrian crossing between intersections without yielding to drivers and starting to cross a crosswalk at a signalized intersection (robot) without waiting for a green indication giving them permission to cross.)

About a year ago I read in the newspapers about the City of Windhoek Traffic Department writing out tickets, but have not seen any more news about this continuing, or even feedback on the numbers of jaywalkers, and how many have paid their sentences.

The main reason Namibia is becoming a land of accidents, violence against woman, baby dumping etc. is because we have become a nation of the lawless. In as far as comparing ourselves with countries throughout the world in terms of crime, we find that our higher crime rates also include a higher disregard for smaller transgressions. Thus our politicians and law enforcement agencies should have a policy of zero tolerance. Think of zero tolerance in the following terms:

Consider a building with a few broken windows. If the windows are not repaired, the tendency is for vandals to break a few more windows. Eventually, they may even break into the building, and if it's unoccupied, perhaps become squatters or light fires inside. Or consider a sidewalk. Some litter accumulates. Soon, more litter accumulates. Eventually, people even start leaving bags of trash from take-out restaurants.
Thus zero tolerance is the concept of giving carte blanche to the police for the inflexible repression of minor offenses.



Can GRN “walk the talk”?


What does this mean for as consumers of the Government of the Republic of Namibia?
  • STANDARDS
  • INFORMATION
  • COURTESY AND HELPFULNESS
  • CONSULTATION AND PARTICIPATION
  • ACCOUNTABILITY
  • TRANSPARENCY
  • NON-DISCRIMINATION
  • QUALITY OF SERIVCE
  • VALUE FOR MONEY
  • ACCESSIBILITY


In Namibia, the Government is one of the biggest single employers and provides services in all sectors of the economy.  Thus it is an important service provider and according to President Hifikepunye Pohamba, "there is a growing international trend for governments, in both developed and developing countries, to focus on the need to provide greater value for money in the delivery of public services. This has led to greater awareness that public services must improve the quality of the service being rendered to the customers: citizens, tourists and visiting businessmen and women. For Namibia to realise Vision 2030, we must "walk to talk" and sharpen our commitment to improve the quality of services delivered to all who live in or visit our country.”

The President was speaking at the launch of the reviewed Namibian Public Service Charter in 2012. The Charter was first launched by the Founding President, Sam Nujoma in 1997 and had nine general principles. After the review, accessibility was added as a principle and thus there are now ten. They are:

STANDARDS

This means each ministry, organisation or state owned enterprise must set, publish and monitor clear standards of service that a public servant should uphold.

INFORMATION

The state organs should provide information about the public services they offer in a prompt straightforward and open manner that is readily understandable to all consumers.


COURTESY AND HELPFULNESS

Each public servant (GRN employee) must provide a courteous and helpful service suitable to the convenience of those entitled to the service.


CONSULTATION AND PARTICIPATION

Ensuring that there is regular consultation with those who use the services of the public sector and, having taken their views and priorities into account, provide a choice wherever possible to the benefit of the consumer.

ACCOUNTABILITY

Provide details of performance against targets and identifying who is responsible. Such services are being provided by public servants who can be identified readily by their customers as they should be wearing name badges. This is to ensure that public servants are accountable for their actions at all times.

TRANSPARENCY

Disclose how public services are managed together with the cost and performance of specific services which are open to public scrutiny in all actions taken in public office.

NON-DISCRIMINATION

Ensuring that services are available and provided equally and fairly to all.

QUALITY OF SERVICE

Publicize straightforward feedback procedures. Provide where errors have been made, an apology, full explanation and early correction of the error.


VALUE FOR MONEY

Provide efficient, effective and affordable public services.


ACCESSIBILITY

Ensure accessibility to public service by accommodating the service needs of our service users

It is interesting to note that at the launch in 1997, the Founding President stated, “It is also my hope that parastatals and the private sector will follow this example and helps make the delivery of services in Namibia as efficient, cost-effective and consumer-focused as possible.”

Let us hope that will come to pass

What is Genetically Modified Organisms or GMO’s?

During the past few weeks there have been articles in newspapers about GMO’s and the various protests staged around the world against the company Monsanto which manufactures GMO’s. A number of consumers contacted the Consumer News Namibia Magazine to find out more about the issue.
  • Are GMO’s safe?
  • Are GMOs labeled?
  • What are the impacts of GMOs on the environment?
  • How do GMOs affect farmers?


Namibia is planning on testing for GMO’s


GMO’s, or “genetically modified organisms,” are plants or animals that have been genetically engineered with DNA from bacteria, viruses or other plants and animals. These experimental combinations of genes from different species cannot occur in nature or in traditional crossbreeding.

Most commercial GMOs are engineered to withstand direct application of herbicide (weedkillers) or to produce an insecticide (to kill insects that eat them). Despite biotech industry promises, none of the GMO traits currently on the market offer increased yield, drought tolerance, enhanced nutrition, or any other consumer benefit. In contrast, there is growing evidence that connects GMO’s with health problems, environmental damage and violation of farmers’ and consumers’ rights.

Most developed nations do not consider GMOs to be safe. In more than 60 countries around the world, including Australia, Japan, and all of the countries in the European Union, there are significant restrictions or outright bans on the production and sale of GMOs. In developing countries such as Namibia where there is little or no consumer protection, the governments have largely been ignoring the problem.

Unfortunately, even though polls consistently show that a significant majority of consumers want to know if the food they’re purchasing contains GMOs, the powerful biotech lobby has succeeded in keeping this information from the public. Recently, the Namibia Consumer Trusts has sent samples of Namibian consumer products to be tested in South Africa.

Over 80% of all GMOs grown worldwide are engineered for herbicide tolerance. As a result, use of toxic herbicides like Roundup has increased 15 times since GMOs were introduced. GMO crops are also responsible for the emergence of “super weeds” and “super bugs:’ which can only be killed with ever more toxic poisons like 2,4-D (a major ingredient in Agent Orange). GMOs are a direct extension of chemical agriculture, and are developed and sold by the world’s biggest chemical companies. The long-term impacts of GMOs are unknown, and once released into the environment these novel organisms cannot be recalled.

Because GMOs are novel life forms, biotechnology companies have been able to obtain patents with which to restrict their use. As a result, the companies that make GMOs now have the power to sue farmers whose fields are contaminated with GMOs, even when it is the result of inevitable drift from neighboring fields. GMOs therefore pose a serious threat to farmer sovereignty and to the national food security of any country where they are grown, including the United States.

It is thus with great pleasure that we take note that the Namibia Consumer Trust (NCT) received an official invitation to witness the inauguration of the Ministry of Agriculture, Water and Forestry's Genetically Modified Organism (GMO) testing facility on Tuesday 28 May 2013. NCT informed us that they are delighted that the expert who will be doing the demonstration of how GMO testing is done is the same Professor NCT had asked to do the GMO tests on Namibian popular maize. NCT intends to continue with these tests, maybe these may be done locally in the near future. That is if the lab can also do tests for independent civil society.


With pressure from the civil society, such as the Namibia Consumer Protection Group (NCPG), Namibia Consumer Trust (NCT and the Consumer News Namibia Magazine, we hope to continue to pressure the government and state agencies to do more to ensure the foods we eat are not doing us harm in the long run. 

Funny Bank Charges and Bad Customer Service

Many people complain about banks’ customer service especially during the payday of the 20th, 25th and end of the month. This is something which is easy to pick up as a consumer because we are physically experiencing the frustration of standing in a queue.  However there is another problem that we do not often notice but that is costing you money. This problem is the one of bank charges. Sometimes the bank charges us and we complain but not very often we do not actually realise that the bank charges were incorrectly calculated.

Recently a consumer complained about a bank mistake that cost him more money than expected.

“I have been a customer of a certain bank for over twenty years and generally consider their service to be the best of all the banks in the country. Recently however, I had to re-evaluate my opinion. By chance I had been asked to provide a copy of my bank statements of the past six months for a business deal I wished to conclude. Upon glancing through the statement I noticed an amount of N$ 10,000 that had been deposited in my account. Having a reasonably good memory, I could not recall that any client had paid me such a perfect round number for any work undertaken. After careful scrutiny, I noticed the amount was deposited on a Friday, and then reversed the following day and indicating an incorrect deposit. Thus it was a clerical error of the bank with the account number or something.

However the next line in my bank statement had me sitting up straight. There was a charge of N$ 185 for Cash Handling Fees. The bank had reversed the incorrect deposit of cash into my account, but charged me for their mistake.”


Another complaint was received from a consumer this week:
“How can a bank have such bad service??? I call nobody answers even when you call the people who make the decisions and big guns they are unavailable the only bank I know in Namibia that people are always unavailable? Then on top that you have the cheek to send me a letter to say I must pay then when I call you admit that you are at fault yet you take the matter further now you want to repossess my things??? This is directed at the vehicle loans department how is a person supposed to make a payment when you change your bank account details for payment and then on top that hand over to handover all time and when a person try to call nobody is ever available pathetic and when email people read and never reply absolutely pathetic this will be in the news appear as i know I'm not the only one having these problems to think two years ago Standard bank said would sort out there problems well looks like only getting worse.”

To both these consumers we can suggest you contact the complaints department of your bank. If you still feel unhappy with the service, then you can contact the Bank of Namibia (BoN). The “Guidelines for Lodging Complaints” have been developed by the Bank of Namibia to guide clients of commercial banks to lodge complaints with the BoN. The guidelines further establish complaint handling procedures at the BoN to ensure a consistent approach in complaints resolution.


As consumers we often complain, but do not follow up and allow the company involved to correct their mistake. The Bank of Namibia has opened up a new chapter in getting banks to change their consumer culture, but it is still up to us as the consumers to make use of these complaint mechanisms.

Paradoxical Commandments

(Because the original page is no longer available online: http://prayerfoundation.org/mother_teresa_do_it_anyway.htm)

 The verses below reportedly were written on the wall of Mother Teresa's home for children in Calcutta, India, and are widely attributed to her. 
Some sources say that the words below were written on the wall in Mother Teresa's own room.  In any case, their association with Mother Teresa and the Missionaries of Charity has made them popular worldwide, expressing as they do, the spirit in which they lived their lives. 
They seem to be based on a composition originally by Kent Keith, but much of the second half has been re-written in a more spiritual way.  Both versions are shown below.
___________________________________________
1. The version found written on the wall in Mother Teresa's home for children in Calcutta:
              People are often unreasonable, irrational, and self-centered.  Forgive them anyway.
            If you are kind, people may accuse you of selfish, ulterior motives.  Be kind anyway.
            If you are successful, you will win some unfaithful friends and some genuine enemies.  Succeed anyway.
           If you are honest and sincere people may deceive you.  Be honest and sincere anyway.
            What you spend years creating, others could destroy overnight.  Create anyway.
            If you find serenity and happiness, some may be jealous.  Be happy anyway.
            The good you do today, will often be forgotten.  Do good anyway.
         Give the best you have, and it will never be enough.  Give your best anyway.
         In the final analysis, it is between you and God.  It was never between you and them anyway.
-this version is credited to Mother Teresa
____________________________
2. The Original Version:
The Paradoxical Commandments
by Dr. Kent M. Keith
  1. People are illogical, unreasonable, and self-centered.
    Love them anyway.
  2. If you do good, people will accuse you of selfish ulterior motives.
    Do good anyway.
  3. If you are successful, you win false friends and true enemies.
    Succeed anyway.
  4. The good you do today will be forgotten tomorrow.
    Do good anyway.
  5. Honesty and frankness make you vulnerable.
    Be honest and frank anyway.
  6. The biggest men and women with the biggest ideas can be shot down by the smallest men and women with the smallest minds.
    Think big anyway.
  7. People favor underdogs but follow only top dogs.
    Fight for a few underdogs anyway.
  8. What you spend years building may be destroyed overnight.
    Build anyway.
  9. People really need help but may attack you if you do help them.
    Help people anyway.
  10. Give the world the best you have and you'll get kicked in the teeth.
    Give the world the best you have anyway.
© 1968, 2001 Kent M. Keith
"The Paradoxical Commandments" were written by Kent M. Keith in 1968 as part of a booklet for student leaders.

Thursday 25 July 2013

Citizens Data used in government registers need better protection

I need your help.

I have entered the Web Summit People's Stage and need your vote. Please follow the link and press like if you support my entry.

My topic is:

"Most African countries (e.g. Namibia) are creating central registers for voters rolls, home affairs data, etc. using biometric collection methods. Yet many do not have Data Protection or Electronic Transaction laws or even basic Consumer Rights legislation. How must Governments create mechanism that protect basic personal data rights while still using technology to ensure improved service delivery of government services? Governments and civil society have to work out methodologies that protect not only the data or the possible theft of data, but also the methods of seeking citizens permission of the way their data is used"

Link: http://www.websummit.net/competitions/peoples-stage/entries.html#3-526