The consumer protection act 68 of 2008 south africa a. The consumer protection act and crossborder transactions. Abstract although consumer protection is not a new concept in south african law, the consumer protection act 68 of 2008 cpa now provides. Most certainly, one of the most debated topics is how this new piece of legislation would influence common law of contract.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. Feb 20, 2014 find out how the cpa impacts on your lease agreement. Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers, users of particular goods or recipientsbeneficiaries of services. The consumer protection act affects a wide range of consumers and transactions. 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. 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. Based on the legal frameworks in place in botswana, namibia and zambia report 1404 20 jami solli, senior policy advisor, consumers international about consumers international established in 1960, ci is the world federation of consumer rights groups. There are a number of sections in the consumer protection act. Aug 24, 2017 in line with the countrys bill of rights, it carefully outlines nine basic consumer rights regarding products, purchases, marketing, suppliers, information and ethics in consumer relations. Consumer complaints, complaint procedures, useful consumer contact details. Consumer rights activists take on the consumer protection act business consumer 20 1128. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009 and came into effect on 31 march 2011. According to milton louw from the namibian consumer protection group, consumers need direct. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b.
The consumer protection act therefore does not apply to a transaction where the consumer is a juristic person whose asset value or annual turnover, at the time of the transaction equals or exceeds the threshold value of r2 million. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Consumer rights of the elderly as vulnerable consumers in south. The application of the consumer protection act in the south.
Legal matters an overview of the south african consumer. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Notice in terms of section 673 of the competition act, 2003. It repeals much of the merchandise marks act, the business names act, the price control act, the trade practices act and the consumer affairs act to name a few. Abolition of the fuel research institute act, 1983 act no. This article explores certain of those laws relevant to a residential lease and explains the proper procedure to be followed when terminating a residential lease. Assent 26th may, 2006 commencement 1st july, 2006 1. Jan 14, 2014 the issue of ghost bidding at south african auctions has been well reported but confusion reigns regarding its legality. The purpose of this update is to outline some possible implications of the consumer protection act, a wide arching piece of legislation which will have far reaching consequences for both consumers and the businesses who serve their needs. Consumer protection act, no 68 of 2008 legal legal and. The consumer protection act and your lease agreement. Although signed into law in november 20, april 2014 marked the partial commencement of the act with only several sections coming into force, including those related to the establishment of the information regulator, the issuance of regulations to the act and the definitions clause which. Consumer protection on the other hand approaches markets from the demand side ensuring that consumers are able to exercise intelligently and efficiently the choices that competition provides.
When the national consumer protection act came into effect on the 1st of april 2011, it legalised using a bidder to protect the sellers reserve. A consumer includes any business with a total annual turnover that is less than. This article gives a brief overview of the influenceimpact of the new consumer protection act 68 of 2008 1 and the regulations on the practising of medicine by the general practitioner gp anaesthetist. Consumer protection act south africa national debt advisors. Consumer rights activists take on the consumer protection act. Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Legislative prescripts relating to consumer protection constitution of the republic of south africa provincial legislation consumer protection act. The consumer protection act south africa labour guide.
The condition to this is that it is disclosed, upfront, to all prospective. Effect of the consumer protection act on residential leases introduction there are a number of different laws that impact residential leases. The promulgation of the consumer protection act, 68 of 2008 on 1 april 2011, consumer law has suddenly become a new headache for businesses and they had to make a lot of adaptions to operate within the specific act. Consumer protection act consumer protection act, no 68 of 2008 please visit the contemporary gazette page for access to a legal database. The consumer commissioner and her staff are battleready and prepared to fight the good fight. Consumer protection act south africa national debt. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009. The new consumer protection act and the gp anaesthetist. 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. Return of goods under the consumer protection act in south africa. Strengthening consumer protection in the south african microinsurance market in support of the microinsurance networks min consumer protection task force cptf, to contribute to the effective implementation of consumer protection in microinsurance. The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation.
And in order to regulate, in harmony with internationalstandards, the processing of. 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. The purpose of the cpa is to promote and protect the rights of south african consumers and this protection could, potentially, extend to offshore transactions involving south african consumers. Complaints may be made by any consumer, or by an consumer protection act labour guide consumer protection act. Some potential consequences of the act will be offered along with a summary of the scope of the codified consumer rights. Broadbased black economic empowerment amendment act, 20 act no. The consumer protection act provides that a landlord must notify their tenant that the lease is coming to an end. In the past, people have not always been protected against the suppliers of goods or services. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated.
Developing rightsbased consumer protection advocacy. Van schaik bookstore acknowledges and supports the act. Suppliers misled consumers about the quality of their goods or services, or offered goods or services on unreasonable terms and conditions, leaving the consumer with no remedy in the event of a problem occurring with these goods or services. Consumer protection act 68 of 2008 south african government. What do you mean you dont know whether the consumer protection act cpa which commenced on 1 april 2011 applies to our 20 000 lease agreements that we had running when the cpa started. The act provides for the creation of a national consumer commission which will ensure compliance and support consumer protection groups. The consumer protection act the cpa, 68 of 2008, has certainly evoked much debate and expectations in the consumer market. The issue of ghost bidding at south african auctions has been well reported but confusion reigns regarding its legality. Consumer protection council act chapter c25 decree no 66 of 1992 laws of the federation of nigeria 23rd day of november 1992 the federal military government hereby decrees as follows.
Part i establishment of consumer protection council etc. Institutional support for business regulation and consumer. This must be done no more than 80 and no less than 40 business days before the termination date. The consumer protection act, 2008, will come into effect on 31 march 2011.
Consumer complaints south africa consumer rights and. Consumer protection measures are often established by law. On 11 august 20 the respondent, one of a group of four cyclists, came into contact with a low hanging live power line spanning a footpath. The consumer protection act gives all goods sold a sixmonth implied warranty of quality, meaning you can return it for your choice of refund, repair or replacement in that time. If it is not possible, the provisions that extend the greater protection to a consumer prevail over the alternative provision. Click here to access a pdf version of the consumer protection act 356 kb. Commission established under subsection 1 of section 53 34. The south african national consumer protection act cpa came into effect on 1 april 2011. 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 ceo of high flyers property yells at his inhouse legal advisor jack jack.
It is hereby notified that the president has assented to the following act, which is hereby published for general information. A consumer includes any business with a total annual turnover that is less than r2 million is also protected. The definition of a consumer includes not only the person either a natural or juristic person to whom goods or services are promoted or supplied, but also the actual user of the goods or the recipients or beneficiary of the services. What is the south african approach to consumer protection. National consumer protection act the african auction blog. 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. Neville melville, explained how the cpa has changed the way we think about continued quality of goods and services.
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. Subsequently, a workshop on consumer protection was held in september 2012 where different stakeholders interrogated the issues of consumer protection. Here are five useful tips about how the consumer protection act no. When can a consumer return goods under the consumer protection act cpa in south africa. Consumer protection act 68 of 2008 southern african legal. 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. The national consumer protection act western cape government. Insights in south african consumer protection act cpa. High flyers property yells at his inhouse legal advisor jack jack. The extent to which the cpa applies to these fixed term preexisting agreements is set out in chapter 7 of the act.
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