The rampant practise in Lesotho of selling expired foods and medicines to the public is not only abhorrent and evil, it is a criminal practise warranting heavy criminal penalties.
But as with so many things in Lesotho, the criminals behind the evil practise have been getting away with murder: partly thanks to lax outdated laws, lax law enforcement and general ineffective governance.
The consequences of selling expired foods and medicines do not need much elaboration. Suffice to say they are very dire.
Lesotho’s outdated Public Health Order of 1970, which imposes a mere M20 fine on retailers caught selling expired goods is little more than a trivial slap on the wrist. Instead of deterring, it incentives this despicable behaviour.
Last week the Maseru City Council (MCC) conducted a crackdown on retailers in the city and discovered that several retail outlets, including the conglomerate Shoprite, as well as numerous Chinese-owned outlets, were all selling expired products to unsuspecting consumers.
Caught red-handed were Shoprite at the LNDC Centre, as well as Chinese-owned outlets like Mimi Supermarket, DK Wholesale, African Supermarket, Big 2 Meat Supermarket, Abdul Enterprise, 99 Discount, and Golden Star Supermarket.
In some cases, the Chinese retailers were even wiping off expiry dates and re-stamping items like canned foods and cordials to cover up the expired status.
In response, the MCC issued stern warnings to these retailers, threatening stringent measures such as license suspensions, store closures, and potential legal action if they continue peddling expired goods to the public.
While the MCC should be commended for its recent crackdown, such enforcement efforts remain sporadic and insufficient.
Consistent, proactive monitoring and stringent penalties are needed to truly deter retailers from putting lives at risk in the pursuit of higher margins.
The question remains: why has parliament been so slow to pass critical legislation, which has now become long overdue?
Until Lesotho enacts and enforces stronger consumer protection laws, unscrupulous merchants will likely continue to prioritize profits over public health and safety.
The Lesotho Consumers Protection Bill of 2022 is a crucial piece of legislation that has been languishing in parliament for far too long.
Once enacted, it will prohibit the deceptive and misleading practices that currently plague the retail sector, including the selling of expired goods to unsuspecting consumers.
The existing 1970 Public Health Order law, as consumer activist Nkareng Letsie points out, is not only woefully inadequate in light of its pitiful penalties, it is also a national embarrassment.
Its trivial M20 penalties do little to deter retailers from engaging in these dangerous and unethical practices that jeopardize public health. The fact that it remains on the statute books hitherto speaks to the pitiable and incompetent governance Basotho have been subjected to for far too long.
In contrast, the proposed Consumers Protection Bill, 2022 aims to strengthen consumer safeguards, prohibiting false representations, misleading claims, and other unfair practices that have long exploited Lesotho’s shoppers.
Its enactment has become increasingly urgent. The casual approach of the government in strengthening consumer protection laws has allowed retailers more interested in profits than public welfare to continue their harmful activities unchecked. The delays in implementing the new law are incomprehensible.
The need for more stringent laws to prevent businesses from compromising public health for profit cannot be overstated.
For years, there have been concerns regarding certain Chinese-owned shops that acquire goods nearing their expiration dates at low prices, alter the expiry dates, and then sell these products at inflated prices with little regard for consumer safety.
Lesotho requires robust legislation that will compel businesses to think carefully before jeopardizing public wellbeing for financial gain. It is unacceptable that these profit-driven shops have operated unchecked for so long, prioritizing their bottom lines over the welfare of consumers.
Allegations persist that some retailers have been able to sell expired goods by bribing MCC officials tasked with policing them.
If true, such collusion is equally despicable and criminal, warranting a serious probe followed by severe consequences for the culprits.
Urgent action is needed to address this issue and protect citizens
The dangers of consuming expired foods are clear and concerning. Expired foods can harbour harmful bacteria, mold, or toxins that can cause serious foodborne illnesses, and even death.
The same risks apply to expired or improperly stored medicines and medicinal creams sold in some pharmacies.
The workers in retail establishments selling expired items, often employed on a temporary basis in a country with high youth unemployment, are complicit in concealing their employers’ sale of rotten, expired foods.
While their desire to protect their jobs is understandable, they have an ethical obligation to whistle blow such practices to the authorities or the media so that action can be taken.
Consumers also have a responsibility to remain vigilant and be on the look-out for any evidence of malpractices.
Ultimately, the government bears the primary responsibility for protecting consumers through robust laws and enforcement.
Lenient fines and lax regulations allow unscrupulous retailers to continue getting away with murder. Stronger consumer protection measures and harsher penalties against offenders are long overdue.