Fuel companies are once again trying to renege on fuel
coupons bought in advance by giving just 10 litres for the 20 litre coupons
following a surge in fuel prices after the alignment of retail prices to the
new auction exchange rate.
The same problem occurred early last year soon after fuel
prices increased when excise duties were raised to bring retail prices into
line with regional trends.
The fuel companies were at the time forced to honour their
coupons for full volumes on the basis that they had sold coupons for specific
sums and were supposed to have used that money to procure more fuel to fulfil
their side of the bargain.
Scores of individuals, companies and Government ministries
and departments paid for diesel and petrol in advance using the coupon system
or refuel cards .
While motorists were stuck with the rejected coupons and
fuel cards, companies like Redan and Puma Energy resolved to convert 20-litre
coupons bought in local currency to 10-litre DFI coupons.
DFI coupons can be used at service stations selling fuel
imported directly by the coupon issuer using free funds.
The conversion was done without consultation and appears
like a “take-it or leave-it” condition with the only other available option
being for motorists to indefinitely wait until local currency coupons and
refuel cards get back their buying power.
No one knows when, and the companies involved are not
hinting on when the fuel will be available for local currency coupon holders.
Some desperate motorists had to take the offer as they
needed fuel now. A notice by Redan Coupon Private Limited to its customers
reads:
“In light of the sporadic fuel supply that we have been
facing during the past weeks, Redan is offering to convert coupons and refuel
card balances that were purchased using local currency into DFI coupons.
“Customers may convert their fuel volume at the current
conversion rate of $1 as to DFI 0,5 litre . . . ”
Authority (Zera)acting chief executive officer Mr Eddington
Mazambani said fuel coupons constitute a binding contract between a consumer
and the service provider and Zera has since moved in to protect the interests
and rights of the consumers.
“Fuel coupons constitute a contract between a consumer and
the service provider of the product.
“While there are conditions that govern the transaction of
fuel in coupon form, the rights of consumers have to be protected as there is a
legitimate expectation of fuel having been purchased in advance.
“The authority has been in touch with some licensees
following complaints from motorists citing difficulties in redeeming coupons.
“Licensees have given the authority assurances that they
will give this matter due consideration and attention,” he said.
However, some legal experts have slammed the offer saying
it was tantamount to fleecing motorists.
Harare lawyer Ms Jacqueline Sande said: “This is a breach
of contract because the coupon represents the product which was purchased by
the customer earlier before the price was increased.
“The supplier is obliged to honour the coupons to their
full value because the product was purchased prior to the price increase and
should therefore not be affected by any price changes.
“If the price of fuel had dropped instead the customer
would similarly not be entitled to a refund of the difference and the same
applies to a price increase. “The supplier is bound by the contract.”
Mr Tirivenyu Mutema of Nembo Attorneys said the service
providers must deliver the amount of fuel purchased by the consumers.
“When they accept money from the public in exchange for
fuel coupons, they make an undertaking to give to the bearers of such coupons
the amount of fuel reflected on the coupon’s face on demand,” he said.
“The sale of a fuel coupon is simply an agreement of sale
in which the purchaser makes immediate payment in exchange for deferred
delivery. Having received due payment for the amount of fuel that appears on
the face of the coupon, fuel firms cannot want to deliver insufficient fuel,
that is typical breach of contract.”
Prior to the announcement of the 50 percent slash by fuel
companies, some motorists were panicking to an extent of selling a 20-litre
coupon to illegal fuel vendors operating near fuel stations in Harare for a
paltry US$3.
Disgruntled motorists who were in a queue waiting to
exchange their unredeemable coupons to the US dollar coupons at Puma head
offices at Tendeseka Office Park, accused the company of short-changing them.
Others expressed disappointment over the issue and expected
the situation to normalise.
However, Harare lawyer Mr Wellington Pasipanodya of Manase
& Manase Legal Practitioners defended the position by Puma.
“We are certainly living in unusual times where everyone is
trying to make the most of the money or investment that they have.
“Puma through its Redan coupon system sold Zimbabwe dollar
coupons on the understanding that the purchaser was abiding to and accepting
their terms and conditions which are easily accessible on their website.
“Those terms state that fuel will be made available subject
to allocation of forex from the RBZ, it is an express term that motorists
indemnify Redan and Puma in the event of change in policy enacted by the Government
of Zimbabwe or such other factors which are beyond Redan’s control, including
but not limited to, foreign currency shortages, failure by the Government to
allocate foreign currency for fuel, increase in fuel prices, change of
currency, change in interest rates and change in foreign currency exchange
rate,” he said. Herald
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