The role of alternative dispute resolution in consumer protection in Lesotho

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dc.contributor.advisorRycroft, Alanen_ZA
dc.contributor.authorMokorosi, Mampoja Evelinaen_ZA
dc.date.accessioned2016-01-29T11:02:35Z
dc.date.available2016-01-29T11:02:35Z
dc.date.issued2015en_ZA
dc.descriptionIncludes bibliographical referencesen_ZA
dc.description.abstractThe absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.en_ZA
dc.identifier.apacitationMokorosi, M. E. (2015). <i>The role of alternative dispute resolution in consumer protection in Lesotho</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/16605en_ZA
dc.identifier.chicagocitationMokorosi, Mampoja Evelina. <i>"The role of alternative dispute resolution in consumer protection in Lesotho."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015. http://hdl.handle.net/11427/16605en_ZA
dc.identifier.citationMokorosi, M. 2015. The role of alternative dispute resolution in consumer protection in Lesotho. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mokorosi, Mampoja Evelina AB - The absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - The role of alternative dispute resolution in consumer protection in Lesotho TI - The role of alternative dispute resolution in consumer protection in Lesotho UR - http://hdl.handle.net/11427/16605 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/16605
dc.identifier.vancouvercitationMokorosi ME. The role of alternative dispute resolution in consumer protection in Lesotho. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/16605en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.subject.otherconsumer protectionen_ZA
dc.subject.otheralternative dispute resolutionen_ZA
dc.subject.otherconsumer disputesen_ZA
dc.subject.otherombudsmanen_ZA
dc.titleThe role of alternative dispute resolution in consumer protection in Lesothoen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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