The following articles about the cancellation of agreements may also interest you. Every transaction occurring within the republic of south africa promotion or supply of any goods and. Challenges and opportunities for furniture retailers in cape town. Specific protection is given to certain classes of people such as the illiterate, minors, seniors, people living in remote areas and those of low income. The south african national consumer protection act cpa came into effect on 1 april 2011. Perhaps one of the greatest pitfalls in most consumer protection laws in south africa, is the absence of a uniform definition of a consumer. South africas franchise law the consumer protection act.
Strict liability under the consumer protection act. The consumer protection act cpa aims to promote a fair, accessible and sustainable market place for. The dangers of noncompliance of the consumer protection act. In 2011, the consumer protection act cpa came into effect and the south african consumer saw the dawn of a new era. Find out how the cpa impacts on your lease agreement. It is hereby notified that the president has assented to the following act, which is hereby published for general information. If it is not possible, the provisions that extend the greater protection to a consumer prevail over the alternative provision. Please note that most acts are published in english and another south african official language.
The consumer protection act and buying defective products. The consumers right to a refund legal tips and updates. 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. Consumer protection act 68 of 2008 south african government. For entities who are fortunate enough to trade with customers whose annual turnover will place them beyond the ambit of the cpa, this has become a safe haven where business is. 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 tribunal confirmed in bandera trading and projects cc v kia motors south africa. Section 42b of the south african consumer protection act 68 of 2008. The study will start of with a brief discussion on the implementation and need for a consumer protection act in south africa, followed by the sellers common law obligations. 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. 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. 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. The national consumer protection act western cape government.
Cpa will have reputational benefits throughout the sector. The guidelines have been developed by the national consumer commission the commission. The impact of section 22 of the consumer protection act 68 of 2008 on drafting principles in the south africa law of contract by mariska munnik 98028295 under the supervision of advocate a nagtegaal submitted in partial fulfilment of the requirements for the degree. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. The main focus point of this dissertation is how the duties of a seller to an agreement of sale will be influenced and amended, either expressly or by implication. Ecta, it extends consumer protection to legal persons with an annual turnover of less than r2 million section 1 definition of consumer.
Acts online provides legislation, including amendments and regulations, in an intuitive, online format. When a retailer displays the wrong price michalsons. It is hereby notified that the president has assented to the following act, which is. Every situation is different and it is impossible to give a hard and fast rule of thumb for cases like these. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular sector will need to be read with this act to ensure a common standard of protection. For example, the price displayed for a cell phone is r120 when it should be r1,200. 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.
If you are unsure of how the consumer protection act applies to you, either as tenant or landlord. If businesses commit offences by failing to adhere to the consumer protection laws, harsh penalties will ensue. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Environmental laws and legislation in south africa the consumer protection act protects the environment too. The consumer protection act 68 of 2008 the cpa as amended, has, for many industries, altered the way in which business is conducted, specifically within the arena of the supply of goods to customers. Feb 20, 2014 section 14 notably for landlords entitles a consumer to cancel an agreement by giving the supplier 20 business days notice. However in a resent case the supreme court has held that cases pertaining to theft of electricity are outside the jurisdiction of consumer fora. Please take note of the table in schedule 2 of section 3 of the cpa, it provides the extent of application of certain sections of 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. 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. We have highlighted some portions of a letter from mihe gaomab ii, secretary and chief executive of the namibian competition commission, which explores some of the provisions and rights contained.
For entities who are fortunate enough to trade with customers whose annual turnover will place them beyond the ambit of the cpa, this has become a safe haven where business is conducted as. Consumer protection is not a new concept in south africa and various acts of parliament have. The purpose of the consumer protection act cpa,1 in so many words, is to promote and advance the social and economic welfare of consumers in south africa sa. The consumers right to a refund legal tips and updates by. 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. The ceo of high flyers property yells at his inhouse legal advisor jack jack. Return of goods under the consumer protection act in south africa. 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 guidelines have been developed to help suppliers plan for, and respond to, an incident where the recall of potentially unsafe consumer products is required. 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. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. What the new consumer protection act will not cover. Van schaik bookstore acknowledges and supports the act. Oct 02, 2009 video provides an overview of the south africans franchise legislation. The new consumer protection act will be implemented on april 1 2011, but some consumers are under the. The consumer protection act, cpa, which came into effect on 1 april 2011 includes the regulation of goods and services with actual or potential. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. The act only applies to contracts signed after 1 april, and wont affect anything signed before then.
It applies only to transactions occurring in south africa section 5. The act recognises and protects 9 fundamental consumer rights such the right to fair, just and reasonable terms and conditions. Consumer rights of the elderly as vulnerable consumers in south. Pdf the consumer protection act 68 of 2008 and procedural. May 19, 2015 by eviction lawyers south africa may 19, 2015 evictions. This means that a consumer has the right to receive goods which are. Consumer protection act, no 68 of 2008 legal legal and. Consumer protection relevant legislation there are several pieces of legislation that contain consumer protection provisions that are applicable to electronic contracts. Abstract although consumer protection is not a new concept in south african law, the consumer protection act 68 of 2008. The cpa applies to every transaction within south africa i. Funeral insurance is valued for cultural reasons as traditional african communities consider the quality of a funeral a sign of respect for elders who have passed away. Fundamental rights the consumer protection act south africa the consumer protection act. The consumer protection act and your lease agreement. The impact of section 22 of the consumer protection act.
The impact of the consumer protection act on pharmacists. The consumer protection act your guide to consumer rights. What happens when a retailer displays the wrong price. Section 61 of the consumer protection act 68 of 2008 does not. Pdf in general, the concept contractual fairness can be narrowed down, described and. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. 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 14 moreover obligates the supplier between 40 and 80 days before the end of the agreement to notify the consumer of the. 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. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Unfortunately, we cant help you if you are a consumer in need of protection. Consumer protection consumer law bregman moodley attorneys. Llm in the faculty of law, university of pretoria october 2015.
Up until four years ago, the consumers of south africa were basically left unprotected and vulnerable to exploitation by suppliers of goods and services. 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. In the past, people have not always been protected against the suppliers of goods or services. Consumer protection act south africa national debt advisors.
The consumer protection act aims to promote consumer activism, by making provision for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers, as well as making available support for activities, such as consumer advice, education, publications, research and alternative dispute resolution through mediation or. 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 suppliers. The consumer protection act act no 68 of 2008 cpa was signed into law on 24 april 2009. This page contains information about the consumer protection act, no 68 of 2008 and. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. Chapters 1 and 5, s 120 and any other provision authorising the minister to make. Universities south africa is of the view that compliance with the. The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation.
When trying to cancel a timeshare agreement, it is often a lengthy, complicated andor expensive process resulting in members who are bound to the agreement indefinitely. What the new consumer protection act will not cover moneyweb. Like ecta, the cpa provides that any contractual provisions which. In south africa there is no single food law which can be referenced to determine compliance with the law and for each product one or more of the foodstuffs, cosmetics and disinfectants act, agricultural products standards act, meat safety act, and the consumer protection act can be relevant. Business law degrees from the university of the kwazulu natal. The supreme court held that electricity is a services within the meaning of services as envisaged under c. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. The matter is still under consideration of honble supreme court pending for final. The impact of the consumer protection act on pharmacists du. Many consumers do not understand the cpa, its purpose. The impact of section 22 of the consumer protection act 68. In terms of the consumer protection act cpa section 56 read with section 55, all goods purchased by a consumer are subject to an implied warranty of quality and suppliers can not contract out of this provision.
Aug 02, 2011 section 55b of the consumer protection act states that every consumer has got the right to goods or products which are of good quality, in good working order and free from defects, and the consumer protection act section 411ac states that in relation to marketing of any goods or services, the supplier must not, by words or conduct, directly or indirectly express or imply a false. South africa s franchise law the consumer protection act lexnoirglobal. This act constitutes an overarching framework for consumer protection. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated.
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. When can a consumer return goods under the consumer protection act cpa in south africa. The supplier in this case is entitled to impose a reasonable cancellation penalty. The consumer protection act applies to the following. In 2011, the consumer protection act cpa came into effect and the.
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