Suppliers must extend fixedterm agreements on a monthto. Since the coming into operation of the consumer protection act 68 of 2008 cpa, there has been much interest on the position of the infamous voetstoots clause in relation to the cpa. To comply with the principles of the act in all our dealings with our customers, whether it be marketing, the sale of goods and after sales service. The right to return goods in terms of section 56 of. This publication provides essential commentary to the legislation and case law, highlighting the main issues of consumers protection law from both a business and legal perspective. According to its preamble, the cpa has been enacted for the purpose of, inter alia, promoting and protecting consumers economic interests, protecting consumers from hazards to their wellbeing and safety and developing effective means of redress for. Section 49 of the consumer protection act cpa is also an important section for landlords to take note of. Consumer protection consumer law bregman moodley attorneys. All the cars on this website are sold through credible dealers, all of which are approved. Popia is essentially the south african data protection bill or data protection act. There are a number of innovative consumer protection mechanisms in the cpa which are revolutionary in nature. In the past, people have not always been protected against the suppliers of goods or services. The consumer protection act cpa, which came into effect in april 2011, has farreaching implications for motorists in the used vehicle market.
Consumer rights activists take on the consumer protection act. While eskom might ordinarily have been liable in these circumstances under the common law on the basis of negligence, what was exceptional in this instance was that the court found that eskom was strictly liable in terms of the consumer protection act the cpa pursuant to the provisions of section 61 of the cpa. The consumer protection act and your lease agreement. The right to return goods applicable sections of the consumer protection act, 68 of 2008. The consumers right to a refund legal tips and updates by. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. The agency strives to resolve international consumer disputes in order to vitalize consumer trade among countries and to improve consumer trust. Section 14 2 of the cpa addresses cancellation of fixedterm contracts prior to expiry. As early as 2015, the national consumer commission ncc lodged an application with the national consumer tribunal against major role players in the timeshare industry, but these cases. The consumer protection act 68 of 2008,1 which recently came into effect in south africa, applies to every transaction occurring within south africa the authors are very grateful to hanri du pl essis from the departme nt of jurisprudence, unisa, for her valuable comments on the final draft of the article.
The consumer protection act fundamentals training course. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Background to the cpa the cpa is the result of a long process of reform and development in the field of consumer protection in south africa. Unfortunately, we cant help you if you are a consumer in need of protection. The south african national consumer protection act cpa came into effect on 1 april 2011. Cliffe dekker hofmeyr the infamous voetstoots and its. Please consult schedule for course costs or contact boti for a quote. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g.
An overview of promotional activities in terms of the consumer protection act in south africa 2015 sa merc lj 441 jacolien barnard senior lecturer, department of mercantile law, university of pretoria tshepiso scott candidate attorney, cliffe dekker hofmeyr attorneys, johannesburg i introduction promotional activities in general include all the activities carried out by a supplier. The consumer protection act 68 of 2008 cpa has had a major impact on the way in which suppliers and consumers do business. Fundamental rights the consumer protection act south africa the consumer protection act. Changes that have been made appear in the content and are referenced with annotations. South africa adopted genetically modified crops in 1997, and currently produces genetically modified maize, soybean and cotton. An overview of promotional activities in terms of the. With acts you are guaranteed the latest and most up to date resource for your legislative needs. The korea consumer agency is a member of the international consumer protection enforcement network icpen and the international consumer product safety caucus. Consumer rights how and where to file complaints south africa. By default, the cars on used cars for sale all carry a 6 months warranty which means if something major goes. Mildred jaoquim namibia still lacks legislation on consumer protection but we are told that a bill is in the works. Right to equality in the consumer market and protection against discriminatory marketing.
Our two day training course is designed so that the knowledge acquired is applied practically, so that the business environment can be enhanced. The matter is still under consideration of honble supreme court pending for final. However in a resent case the supreme court has held that cases pertaining to theft of electricity are outside the jurisdiction of consumer fora. There are changes that may be brought into force at a future date.
Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Mr ceo barks at jack jack lets cut to the chase how is that research coming on the consumer protection act cpa. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The general view is that one would no longer be able to include a voetstoots provision in contracts if the transaction falls within the protection of the cpa.
In this article, we look at when a consumer can return goods and explain how we can help suppliers of goods or services for example retailers and online shops. Return of goods under the consumer protection act in south. Due to the downward scaling of the alert level from 5 to 4, dr nkosazana diamini zuma, minister of cooperative governance and traditional affairs, designated under section 3 of the disaster management act, 2002 act no. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated. Consumer protection law in south africa second edition. The south african consumer protection act, no 68 of 2008 was signed on 24 april 2009 and the purpose of the act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised. The application of the consumer protection act in the south. In the fourth place this study will briefly relate the current south african drafting principles and also look to our common law of interpretation for some drafting guidance. On 31 march 2011, the consumer protection act 68 of 2008 cpa came into effect in south africa. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. The fundamental consumer rights that are protected by the cpa are the right to equality in the consumer market, 8. The consumer protection act cpa applies to the supply of goods and services within south africa, and this act expressly defines residential accommodation as a service, meaning that residential leases are affected by this act. This right includes the consumer s right to preemptively block any impersonal approach or communication from direct marketers. Consumer protection act regulations i, dr rob davies, minister of trade and industry, in terms of and under section 1201 of the consumer protection act, 2008 act no.
In this act accredited consumer protection group means a consumer protection group that has been accredited by the commission in terms of section 78 for the purposes contemplated in that section or elsewhere in this act. Nhbrc is responsible for protecting consumers in terms of the housing consumers protection measures act, 1998 act no. In terms of the consumer protection act 68 of 2008 cpa, does a supplier have the right to first repair goods supplied by it before having to replace or refund the purchase price for the goods, in circumstances in which the goods are defective. The consumer protection act heralds a bold new approach to protecting the south african consumer in which the state has levelled the playing field and created an agency, the national consumer commission, a regulatory framework which intervenes directly in day to day commercial transactions to ensure compliance by service providers and suppliers. Cpa the right to return goods the consumer protection act. National consumer protection institutions consumer prorection. Republic of south africa consumer protection bill as introduced in the national council of provinces proposed section 76.
This provision allows the consumer to cancel a contract by giving the supplier 20 business days notice in writing or other recorded manner and form, please take note of the requirement that a cancellation must be in writing or a recorded form. Jan 25, 2017 the consumer protection act, cpa, which came into effect on 1 april 2011 includes the regulation of goods and services with actual or potential environmental andor health impacts. Consumer protection act south africa national debt. The supreme court held that electricity is a services within the meaning of services as envisaged under c. The consumer protection act and buying defective products. It is hereby notified that the president has assented to the following act, which is hereby published for general information. The consumer protection act, no 68 of 2008 cpa, which came into force in april 2011, dramatically changed the legal landscape for conducting business with consumers, marketing to consumers and businesses involved in manufacturing consumer goods, even if those businesses dont deal with end consumers.
The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010 is a bill of rights for you, the consumer, to help shield you from products that are unsafe, making the south african consumer the most protected in the world. The protection of personal information act called the popi act or popia brings an end to the uncertainty regarding the law on the use and processing of personal information. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. Consumer protection act south africa national debt advisors. Dissertation presented for the degree of doctor of laws in. In recent years, the south african government passed the consumer protection act and a number of associated regulations into law in terms of which consumers enjoy extraordinary protection against. Consumer protection act 68 of 2008 south african government. The bill of rights enshrines the rights of all south africans including consumer rights. Oct 27, 2016 i have been asked the following questions on numerous occasions. An incidental mandate, though not stipulated in the namfisa act, is to protect the interests of the users of financial services and to ensure the financial soundness of the nonbanking financial industry. The act is aimed at promoting fairness, openness and good business practice between the suppliers of goods or services and consumers of such goods and services. Section 56 imposes an implied warranty that all goods sold comply with the requirements listed in section 55, and the supplier must, at the direction of the consumer, either. Consumer rights act 2015, section 22 is up to date with all changes known to be in force on or before 01 may 2020.
When can a consumer return goods under the consumer protection act cpa in south africa. Section 49 of the cpa provides that a provision of an agreement that limits the risk or liability of the supplier. The impact of section 22 of the consumer protection act 68. Seesa professional legal support for your business. An overview of promotional activities in terms of the consumer protection act in south africa 2015 sa merc lj 441 jacolien barnard senior lecturer, department of mercantile law, university of pretoria tshepiso scott candidate attorney, cliffe dekker hofmeyr attorneys, johannesburg i.
Price display of goods or services applicable sections of the consumer protection act, 68 of 2008. The national consumer protection act western cape government. Chapters 1 and 5, s 120 and any other provision authorising the minister to make. Regulation 7 to the cpa regulation 7, which came into force on.
Feb 20, 2014 mr ceo barks at jack jack lets cut to the chase how is that research coming on the consumer protection act cpa. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. The five instances where a consumer may return goods to the supplier are. Sep 17, 20 17 september 20 3 august 2015 posted in general legal tips and updates tagged consumer protection, credit, law, refund, return, south africa since the commencement of the consumer protection act, there have been some businesses who have stubbornly resisted compliance with its provisions, for example declaring as a shop policy that no refunds. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Its membership extends from the grassroots organisations, such as the womens agricultural unions and the national council of women of south africa, to influential bodies such as democratic nursing organisation and the. Since the inception of the consumer protection act cpa, the status of timeshare agreements has been a bone of contention and 3 years later remains unresolved. S 15, 23 the provisions relating to price display do not apply to transactions where the supplier has provided an estimate to the consumer or where the consumer has declined the offer of an estimate. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. Van schaik bookstore acknowledges and supports the act. Where a supplier is required to refund the purchase price to the consumer. I have been asked the following questions on numerous occasions.
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