SERVICE DELIVERY IMPROVEMENT PLAN · SERVICE DELIVERY IMPROVEMENT PLAN Annex C2 . ... This Service Delivery Improvement Plan ... prohibit certain unfair marketing and business practices,

National Consumer Commission

SERVICE DELIVERY IMPROVEMENT PLAN Annex C2

TABLE OF CONTENTS

PROCESS FOLLOWED _______________________________________________________________ 1

Stakeholders Consulted _____________________________________________________________________ 1

OFFICIAL SIGN-OFF _________________________________________________________________ 2

PREAMBLE _______________________________________________________________________ 3

Vision: ___________________________________________________________________________________ 3

Mission: _________________________________________________________________________________ 3

Values: __________________________________________________________________________________ 3

Legislative Mandate ________________________________________________________________________ 4

Listed Services: ____________________________________________________________________________ 4

SITUATIONAL ANALYSIS: _____________________________________________________________ 6

PROCESS MAPPING AND UNIT COSTING ________________________________________________ 7

Legal advisory opinions to consumers: process flow _____________________________________________ 7

Facilitate resolution of consumer complaints: Process flow _______________________________________ 8

PROBLEM STATEMENT ______________________________________________________________ 9

PROVIDE LEGAL ADVISORY OPINIONS TO CONSUMERS __________________________________________ 9

FACILITATE RESOLUTION OF CONSUMER COMPLAINTS __________________________________________ 9

KEY SERVICES: ____________________________________________________________________ 10

NATIONAL CONSUMER COMMISSION (NCC)

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PROCESS FOLLOWED

This Service Delivery Improvement Plan (SDIP) has been prepared in consultation with internal

and external stakeholders over the past four months. The National Consumer Commission

(NCC) has over the last years, assessed its performance annually. Performance results are

used to inform planning processes every year.

Following a change in its strategy and deliberations with the Executive Authority, namely the

Department of Trade and Industry, the NCC resolved to focus its attention on service

improvement in its core services. The Deputy Commissioner, together with senior managers

within the core services, were tasked to examine the current delivery environment and to

propose key services to be prioritised over this MTEF period. The selection was circulated to

the Commissioner and to all Senior Managers of the NCC to have their opinion on the choice

of services to be prioritised in the NCC’s first SDIP. One of the criteria utilised was services that

have a significant direct bearing on vulnerable consumers as well as services directly offered

by the NCC. This led to the selection of the following services:

• Provision of legal advisory opinions to consumers; and

• Facilitation of resolution of consumer complaints

Quarterly and annual performance reports were analysed to inform this SDIP.

Stakeholders Consulted

The following stakeholders were consulted:

(Directly) Senior management at the NCC; and

(Indirectly) Beneficiaries of services highlighted in this SDIP. Service interactions over

the past year have been looked at.


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OFFICIAL SIGN-OFF

We, the undersigned hereby endorse this Service Delivery Improvement Plan (SDIP) and

pledge to do everything in our powers to support the implementation of this plan.

___________________ _______________ Mr Ebrahim Mohamed Ms Thezi Mabuza Commissioner Deputy Commissioner


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PREAMBLE

This Service Delivery Improvement Plan (SDIP) is prepared within the context of the following pieces of

policy and legislation:

Chapter 10 Section 195(1) of the Constitution which outlines the basic values and principles

governing public administration.

Promotion of Access to Information (PAIA),(Act 2 of 2000);

Promotion of Administrative Justice (PAJA), (Act 3 of 2000);

Promotion of Equality and Prevention of Unfair Discrimination, (Act 4 of 2000);

The White Paper on Transforming Public Service Delivery (Batho Pele) (WPTPS) 1997; and

The Public Service Act and Regulations.

VISION:

In pursuance of its strategic mandate as enshrined in the Consumer Protection Act, 68 of 2008 (Act),

the vision of the National Consumer Commission (NCC) is: “To be the leading institution in consumer

protection that is professional, responsive and effective”.

MISSION:

The mission of the NCC is: “To promote compliance with the Consumer Protection Act through

advocacy and enforcement, in order to ensure fair business practice and to uphold the social and

economic welfare of consumers”.

VALUES:

Values are common traits and attributes, which guide the manner in which the organisation will relate

with its stakeholders. They are intended to define and shape the culture of the NCC and guide how

staff members interact both internally and with stakeholders.

The NCC’s value statements are:


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i. Professionalism and Ethical conduct - Promote and maintain a high standard of professional

ethic and promote efficient, effective and economic use of resources.

ii. Non-discrimination and Fairness - Provide services impartially, fairly, equitably and without

bias.

iii. Responsiveness - Being responsive to consumer needs (and the public) in a timely manner.

iv. Transparency – Fostering a culture wherein the bases upon which decisions are made are

consistent and transparent.

v. People focused - Maximise and cultivate human capital development and practices that are

customer focused.

vi. Teamwork - Promote coherent and effective teams within the NCC.

LEGISLATIVE MANDATE

The NCC is established in terms of Section 85 of the Consumer Protection Act No. 68 of 2008 (“the

Act”) with jurisdiction through the Republic of South Africa. The NCC reports to the Department of

Trade and Industry’s (“the dti”) Entity and Oversight Unit and to the Consumer and Corporate

Regulation Division (“CCRD”) which has, as one of its key roles, the creation of “credible institutions for

enforcement and implementation of regulatory instruments”.

The NCC is charged with the responsibility to enforce and carry out the functions assigned to it in terms

of the Act. The Act seeks to promote a fair, accessible and sustainable marketplace for consumer

products and services and for that purpose to establish national norms and standards relating to

consumer protection. It further seeks to provide for improved standards of consumer information,

prohibit certain unfair marketing and business practices, promote responsible consumer behaviour and

promote a consistent legislative and enforcement framework relating to consumer transactions and

agreements.

LISTED SERVICES:

In line with its legislative mandate, the NCC provides the following services:

i) Providing legal advisory opinions and advice to consumers;


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ii) Facilitation of resolution of consumer complaints;

iii) Conducting of recalls of unsafe and defective products;

iv) Raising awareness and educating consumers and business;

v) Developing complaints trends analysis reports; and

vi) Investigation of consumer complaints.

In order to improve its service offered to the consumers, the NCC has decided to focus on the

following services for the next MTEF period:

1. Provision of legal advisory opinions to consumers, and 2. Facilitation of resolution of consumer complaints.


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SITUATIONAL ANALYSIS:

The NCC had changed its strategy in the 2012/13 financial year and it has commenced delivering on

this revised strategy in the 2013/14 financial year. Essentially, the NCC sought to encourage consumers

and suppliers to attempt to resolve their disputes amongst themselves, prior to referring these

complaints to the NCC. Given its limited resources, the NCC could not deal with every complaint

received. This approach was obviously in direct contrast to the previous strategy which invariably

resulted in the NCC then being virtually swamped with vast numbers of complaints it was unable to

cope with, leading to backlogs stretching back from 2011.

Consumers are primarily concerned with a speedy resolution of their complaints against suppliers. The

legislative mandate of the NCC was clear, in that it could not directly intervene in disputes between

consumers and suppliers. In other words it cannot set out to resolve disputes as it is required to

investigate complaints and where there is violation of the provisions of the Act, to refer such matters to

the National Consumer Tribunal for arbitration. Therefore, the need for facilitating conciliation and

mediation between consumers and suppliers became imperative. In the previous year, the NCC

reported that 86% of complaints were resolved on an average of 297 days.

It is evident that when consumers approach the NCC, it is either to request advice on how to deal with

an impending dispute with a supplier or to actually lodge a complaint against a supplier. On lodging

complaints, the NCC has established that much of the complaints fall outside its jurisdiction, in that the

transaction occurred prior to the Act coming into effect or that the matter falls within the mandate of

another agency.

It has been recognized that the NCC has to improve its turnaround times in providing legal advice and

speedy feedback on complaints lodged by consumers.


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PROCESS MAPPING AND UNIT COSTING

LEGAL ADVISORY OPINIONS TO CONSUMERS: PROCESS FLOW

The

• The current standard is that 95 % of registered requests for advice are responded to on an

average of 10 days.

• There is no direct cost incurred by the consumer when the advice is provided by the NCC

compared to the cost charged by practicing attorneys to provide similar advice to their clients.

T

Step 1 •Written requests for advisory opinions are received and registered by NCC Registry.

Step 2

•Matters are escalated by NCC Registry to Legal Division of NCC.

•Matter are perused by Head of Division and allocated to a Legal Advisor for processing.

•Advisory opinion are drafted by Legal Advisors and referred to Head of Division for recommendation.

Step 3

•Recommended advice is submitted to Deputy Commissioner or Commissioner for approval.

•Approved advice is sent to the consumer by NCC Registry.


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FACILITATE RESOLUTION OF CONSUMER COMPLAINTS: PROCESS FLOW

Complaints are submitted through the post, e-mails or walk-ins.

They are received by the Registry Units (step 1) that serves as the Front Desk.

All complaints will be analysed by the managers (step 2) to ascertain if there is jurisdiction or if it

will be a non-referral.

The registered complaints will then follow either route as outlined above for referrals (A) or non-

referrals (B).

Enquiries to filed complaints would also follow the same route depending at the stage they are at

when an enquiry is made.

Currently, the NCC strives to ensure that 70% of complaints are resolved on an average of 80

days.


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PROBLEM STATEMENT

PROVIDE LEGAL ADVISORY OPINIONS TO CONSUMERS

When complainants request advice they are generally in dire need and expect a spontaneous response

that would address their particular need which should serve to guide them in making an informed

decision at that point in time. When their expectations are not met, because service standards were

not clearly expressed and communicated to them, they feel that the NCC is failing in its mandate.

FACILITATE RESOLUTION OF CONSUMER COMPLAINTS

During the 2013/2014 financial year 9 518 complaints were received by NCC of which 4473 (47%) were

resolved or referred to Referral partners, Ombud Schemes and National Regulators with jurisdiction to

assist consumers in the resolution of complaints. During this current financial year 3 284 complaints

have been registered while 2 557 (71.3%) have been resolved on an average of 17 days in the first two

quarters. There is a general lack of awareness by consumers of their rights and responsibilities in

respect of consumer protection. Businesses are sometimes hesitant to comply with the Act.

Compliance with the Act will improve service standards which in turn will lead to consumer confidence

and economic development.

It also happens when consumers have lodged complaints and they are issued with a non-referral which

means that the NCC does not have jurisdiction or that the redress they seek is not provided for in the

Act, they feel let down. This happens mostly over a protracted period after they have lodged a

complaint and as they were not informed of the turnaround time and processes involved in arriving at

a conclusion. To them, the NCC has failed them.


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KEY SERVICES:

Through a consultative process, the NCC has decided to focus on the following two priority services:

Key Service Beneficiaries 1. Provision of legal advisory opinions to

consumers Consumers of goods and services, alternative dispute resolution Agents and business in general throughout the Republic of South Africa

2. Facilitation of resolution of consumer complaints

Consumers of goods and services, small business and alternative dispute resolution agents throughout the Republic of South Africa

KEY

SERVICES

SERVICE

BENEFICIARY

CURRENT STANDARD DESIRED STANDARD

2014/15 2015/16 2016/17 2017/18

1. Provide legal advisory opinions to consumers

Consumers

Businesses

Alternative Dispute Resolution Agents

Quantity: It was performed at

Divisional level and

reported on as

additional work.

95 % of registered

requests for advice are

responded to in an

average of 10 days

97 % of registered


responded to in an

average of 6 days

97 % of registered


responded to in an

average of 5 days

Quality: There was no stipulated quality on the form the response should take.

Standard Operating Procedure is being developed.

Service Level

Standard Operating Procedure will be implemented.

The response to consumers should address the questions raised.

Legal jargon should be kept to a minimum.

The response to consumers should address the questions raised.


The form will be reviewed based on feedback from the survey.



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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

Agreement will be developed.

Consultation: Responded to the

requests with no

follow up as to how

helpful the service

was.

Follow up on consumers

that requested advice to

rate the service received

and its usefulness.

Conduct a survey based

on the consumers’

experience.

Follow up on consumers

that requested advice to

rate the service received

and its usefulness.

Access: Consumers can access

the NCC through e-

mails and call centre

and services are

limited to only

Monday and Friday.

Consumers can access the NCC through e-mails and call centre.

While waiting to be served by Call Centre agent, simple advice/ information should be provided to consumers.

Legal opinions should be posted on the website for ease of circulation.








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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

The legal Opinion should be part of the Quarterly Newsletter of the NCC.

The legal Opinion should be part of the Quarterly Newsletter of the NCC.

Courtesy: No standard set Formal response should

be provided to

consumers within 10

days of receipt of the

request.

Formal response should

be provided to

consumers within 6 days

of receipt of the request.

Formal response should be

provided to consumers

within 5 days of receipt of

the request.

Open &

Transparency:

No standard set The response to the

consumer should indicate

the name and contact

details of the section that

provided the opinion for

in case the consumer

needs further clarity.

There should be a dedicated contact centre number for consumers to call for legal advisory opinions.

The response to the consumer should indicate the name and contact details of the section that provided the opinion for in case the consumer needs further clarity.


The response to the consumer should indicate the name and contact details of the section that provided the opinion for in case the consumer needs further clarity.

Information: Information is only

provided to the

Legal opinions should be made readily

Legal opinions should be made readily

Legal opinions should be made readily available


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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

consumer that

requested advice.

available on the NCC website.

Annual report

Media statements.

Quarterly newsletter

available on the NCC website.

Annual report

Media statements

Quarterly newsletter.

There should be

a dedicated

contact centre

number for

consumers to

call for legal

advisory

opinions.

on the NCC website.

Annual report

Media statements



Redress: No redress process in

place.

48-hour turnaround

time for telephonic

inquiries.

Apologise when the

process is delayed

and update

complainants on

progress in every

milestone

48-hour turnaround

time for telephonic

inquiries.

Apologise when the

process is delayed

and update

complainants on

progress in every

milestone

48-hour turnaround

time for telephonic

inquiries.

Apologise when the

process is delayed and

update complainants

on progress in every

milestone


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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

Publish an internal appeal and review process for complaints resolution on NCC website.

Consumers should be provided with the name of the person to lodge a complaint to when a service was not provided to the required standard.





Value for

Money:

No Service Level

Agreement in place.

The response to

consumers should be

within 10 days of receipt

to assist them to make

informed decisions.

The response to

consumers should be

within 06 days of receipt

to assist them to make

informed decisions.

The response to

consumers should be

within 5 days of receipt to

assist them to make

informed decisions.

Time: 2014/15 2015/16 2015/16 2016/17

Cost:

No dedicated

resources

ASD’s salary at a cost to

company.

ASD’s & DD’s salary at a

cost to company.

Within allocated budget

Human Done by any available A dedicated legal advisor Two dedicated legal As per approved structure


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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

Resources: legal advisor. *ASD+ to respond to

written requests

received.

advisors *ASD & DD+ to

respond to written and

telephonic requests

received.

2.Process

the

complaints

lodged by

consumers

Consumers

Businesses

Alternative Dispute Resolution Agents

Quantity: 86% of complaints

resolved on an

average of 297 days

80% of complaints

referred or issued with

non-referrals on an

average of 60 days

90% complaints referred

or issued with non-

referrals on an average

of 40 days

95% complaints referred

or issued with non-

referrals on an average of

30 days

Quality: 90% of complaints referred or issued with non-referrals met the requirements of the Consumer Protection Act and with correct details of the complainants.

Formal Service Level Agreement would be developed.

95% of complaints


non-referrals met the

requirements of the

Consumer Protection Act

and with correct details

of the complainants in

line with the SLA.

98% of complaints


non-referrals met the

requirements of the


and with correct details

of the complainants in

line with the SLA.

98% of complaints referred

or issued with non-

referrals met the

requirements of the


and with correct details of

the complainants in line

with the SLA.

Consultation: Proactive information

and education

initiatives such as:

Outreaches,

Workshops,

Meetings, Telephone,

e-mail, facsimile,

Proactive information

and education initiatives

such as: Outreaches,

Workshops, Meetings,

Telephone, e-mail,

facsimile, walk-ins

Proactive information and education initiatives such as: Outreaches, Workshops, Meetings, Telephone, e-mail, facsimile, walk-ins.

Proactive information and

education initiatives such

as: Outreaches,

Workshops, Meetings,

Telephone, e-mail,

facsimile, walk-ins


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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

walk-ins Customer Satisfaction survey

Access: Call Centre agents that

are able to respond to

complainants based

on the scripts

provided.



Dedicated Call Centre agents able to respond to clients queries based on their experience within Complaints Handling environment.



Dedicated Call Centre agents able to respond to clients queries based on their experience within Complaints Handling environment.



Dedicated Call Centre

agents able to respond to

clients queries based on

their experience within

Complaints Handling

environment.

Courtesy: Feedback is provided when prompted by the supervisor with no formal process and escalations.

No standard in place.

Provide feedback upon receipt of enquiry within five (5) working days of receipt

Treat all clients with respect and attend to

Provide feedback upon receipt of enquiry within three (3) working days of receipt


Provide feedback upon receipt of enquiry within two (2) working days of receipt



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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

their enquiries as per the SLA.

E-mails are responded to by end of the next business day upon receipt.





Open &

Transparency:

Annual report Annual report

Media statements


Annual report

Media statements


Annual report

Media statements


Information:

Information is only

provided to the

consumer that lodged

complaints at the end

of the process.

Updates will be provided to the consumer that lodged complaints at the different stages of the process.

Annual report

Media statements


Updates will be provided to the consumer that lodged complaints at the different stages of the process.

Annual report

Media statements


An electronic case management system will be in place to allow complainants to track progress.

Annual report

Media statements


Redress: No formal process.

Service Level

standard will be

developed and

48-hour turnaround

time for telephonic

inquiries.

Apologise when the

48-hour turnaround

time for telephonic

inquiries.

48-hour turnaround

time for telephonic

inquiries.


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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

publish on the NCC

website.

process is delayed

and update

complainants on

progress in every

milestone

Publish an internal

appeal and review

process for

complaints resolution

on NCC website.

Apologise when the

process is delayed

and update

complainants on

progress in every

milestone.

Publish an internal

appeal and review

process for

complaints resolution

on NCC website.

Apologise when the

process is delayed and

update complainants

on progress in every

milestone.

Publish an internal

appeal and review

process for complaints

resolution on NCC

website.

Value for

Money:

No SLA in place Complaints received

processed efficiently

and within set time

frames.

Prompt attention

given to walk- in

clients by dedicated

Registry Staff

Complaints received


and within set time

frames.

Prompt attention

given to walk- in

clients by dedicated

Registry Staff

Complaints received


and within set time

frames.

Prompt attention given

to walk- in clients by

dedicated Registry Staff

Time: 2014/15 2015/16 2016/17 2016/17

Cost: Within allocated

budget.

Within allocated budget. Within allocated budget Within allocated budget


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KEY

SERVICES

SERVICE

BENEFICIARY


2014/15 2015/16 2016/17 2017/18

Human

Resources:

As per the structure

that is aligned to the

functions

As per approved

structure

As per approved

structure

As per approved structure

Signed: ………………………………………………………… (Chairperson/ Commissioner) Date: ………………..

Signed: ………………………………………………………….(CEO/Deputy Commissioner) Date: ………………..

Name of SDIP Team: …………………………………….. Contact Details: …………………………..

Documents

SERVICE DELIVERY IMPROVEMENT PLAN · SERVICE DELIVERY IMPROVEMENT PLAN Annex C2 . ... This Service Delivery Improvement Plan ... prohibit certain unfair marketing and business practices,