By Haddy Touray
The Gambia Competition and Consumer Protection Commission (GCCPC) says its authority under the 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, said cases that could not be resolved voluntarily must ultimately be referred to a tribunal.
“Under the Consumer Protection Act, we don’t enforce; we just administer the Act,” Nyang said in an interview with QTV.
Her comments came as the GCCPC works with the Ministry of Basic and Secondary Education to strengthen consumer protection in schools ahead of the new academic year.
Nyang said the commission had trained school cluster monitors to identify potentially unfair practices, following a study of the basic and secondary education sector conducted during the 2024-2025 academic year.
The study identified concerns including high fees, undisclosed charges and a lack of transparency. The commission is also finalising 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,” Nyang said.
She said the commission normally handles complaints through alternative dispute resolution (ADR), a voluntary process that brings consumers and service providers together to reach agreements.
Nyang cited a complaint involving a school in Farato, where a parent had paid D8,000 in annual fees but later decided not to enrol the child because of an emergency.
According to Nyang, the school initially refused to refund the money although the child had never attended classes. Following the commission’s intervention, she said, the school agreed to refund the parent.
She said blanket “no-refund” policies remained common in schools and other businesses and could conflict with consumer rights.
However, when an institution refuses mediation or does not comply with a proposed resolution, the commission’s options are limited because ADR is voluntary. Such cases can be referred to a tribunal for adjudication.
Nyang said proposed consumer protection legislation would give the commission broader enforcement powers if enacted.
Meanwhile, GCCPC Director of Legal and Enforcement Alhagie Sambou said the commission’s study found that many complaints involved private schools.
He identified “tying and bundling” as a common practice, where parents are required to purchase uniforms, books and other learning materials directly from schools as a condition of enrolment.
Sambou said the practice restricted consumer choice and could increase costs for families.
The commission conducted consultations with government, private, grant-aided and madrasa schools in collaboration with the Ministry of Basic and Secondary Education, with support from ActionAid and ChildFund.
Sambou said the GCCPC would continue working with the ministry and other stakeholders to strengthen consumer protection in the education sector.