GCCPC Says Consumer Protection Law Limits Its Enforcement Powers

By Seedy Jobe
The Gambia Competition and Consumer Protection Commission says its authority under the country’s existing consumer protection law is largely administrative, limiting its ability to directly enforce decisions against schools and other institutions accused of violating consumer rights.
Fatou Nyang, a senior consumer protection officer at the commission, known as GCCPC, said in an interview with QTV that cases that cannot be resolved voluntarily must ultimately be referred to a tribunal.
“Under the Consumer Protection Act, we don’t enforce; we just administer the Act,” Ms. Nyang said.
Her comments came as the commission works with the Ministry of Basic and Secondary Education to strengthen consumer protections in schools ahead of the new academic year.
Ms. Nyang said the commission recently trained cluster monitors, who oversee standards in schools, to identify potentially unfair practices. The training followed a GCCPC study of the education sector during the 2024-25 academic year that identified concerns including high fees and a lack of transparency.
The commission is also finalizing consumer protection guidelines for schools, one of the recommendations arising from the study.
“We want consumer protection also to be reflected in the way schools operate every day because parents and the students are the consumers, not only learners as well,” Ms. Nyang said.
She said the commission typically handles complaints through alternative dispute resolution, or ADR, a voluntary process intended to bring consumers and service providers together to reach an agreement.
As an example, Ms. Nyang cited a complaint involving a school in Farato. A parent had paid 8,000 dalasis in annual fees but later decided not to enroll the child because of an emergency. According to Ms. Nyang, the school initially refused to return the money even though the child had never attended classes.
After the commission intervened and discussed the complaint with the school, she said the institution agreed to refund the parent.
Ms. Nyang said blanket “no refund” policies remain common in schools and other businesses and can conflict with consumers’ rights.
But the commission’s options become more limited when an institution refuses to participate in mediation or comply with a proposed resolution. Because ADR is voluntary, GCCPC cannot compel a school to participate or directly enforce an outcome under its current mandate, she said.
Instead, unresolved cases can be referred to the tribunal for adjudication.
Ms. Nyang said proposed consumer protection legislation would give the commission broader enforcement authority if enacted. Under the existing law, she said, GCCPC has limited powers to compel compliance.
Despite those constraints, Ms. Nyang said the commission would continue working with the Education Ministry and other stakeholders to address complaints and strengthen consumer protections in the education sector.
Comments are closed.