Here are five useful tips about how the consumer protection act no. Consumer protection act south africa national debt. Consumer complaints south africa consumer rights and. Unfortunately, we cant help you if you are a consumer in need of protection.
Right to equality in the consumer market and protection against discriminatory marketing practices. Protection act cpa with regard to overselling and overbooking. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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 consumer protection act, 2008, will come into effect on 31 march 2011. The impact of the consumer protection act on pharmacists the consumer protection act of 2008 has had farreaching consequences for suppliers of goods and services in south africa. The impact of the consumer protection act on pharmacists du. Before the great osama bin laden saga last week, there was a fair amount in the news about the new consumer protection act in south africa. Insights in south african consumer protection act cpa. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines.
Legal matters an overview of the south african consumer. It is hereby notified that the president has assented to the following act, which is hereby published for general information. Consumer protection act south africa national debt advisors. Consumer information eaab the estate agency affairs board. The consumer protection act outlines key consumer rights, including the right to. Click here to access a pdf version of the consumer protection act 356 kb. 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. Amended by financial services laws general amendment act 45 of 20 from 28 feb 2014. Amends collective investment schemes control act 45 of 2002. The consumer protection act the cpa, 68 of 2008, has certainly evoked much debate and expectations in the consumer market. It therefore applies to services rendered by attorneys. What is the south african approach to consumer protection and. The consumer protection act and buying defective products. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers.
Consumer protection act norcaz training academy for all. The new consumer protection legislation in south africa. 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. Introduction consumer goods and services ombud cgso. The consumer protection act 68 of 2008 south africa a.
The consumer protection act your guide to consumer rights. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. When can a consumer return goods under the consumer protection act cpa in south africa. The implementation of the act has important implications for all suppliers who enter into consumer transactions. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The total cost of the case is estimated to be at least around r120,000 to r150,000 and if i win, i am likely to get back r60,000 to r80,000 by way of a cost order as successful litigant giving me a net loss of.
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. Consumer protection act 68 of 2008 southern african legal. Oct 27, 2016 i have been asked the following questions on numerous occasions. What is the south african approach to consumer protection. Consumer protection act, no 68 of 2008 legal legal and.
If it is not possible, the provisions that extend the greater protection to a consumer prevail over the alternative provision. The new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. 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. Amends financial advisory and intermediary services act 37 of 2002. Instituted in 2009, this legislation ensures the protection of active consumers and makes it a need for businesses to abide by certain guidelines to operate. The impact of the consumer protection act on pharmacists. 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. One of the primary and important additional functions is consumer education. Financial markets act 19 of 2012 south african government. The next step was to involve my attorney who took the case on and used the consumer protection act cpa as the basis for the case. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Consumers must be protected against flaws or hidden dangers in products or services.
Please note that most acts are published in english and another south african official language. Namibia can also develop its consumer protection and ensure some level of responsibilities to institutions concerned on consumer matters. Government gazette south african geomatics council sagc. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009. The south african institute of chartered accountants constantly strives to maintain and strengthen the overall. It has been in effect since 1 april 2011 and in case you thought that was just a cruel government april fools joke, it wasnt there really is a new consumer act, and it is worth your while to be aware of your rights. Consumers have the right to be heard on issues, policies, plans, programmes and decisions which affect them. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. 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. Since the consumer protection act cpa came into effect in 2011, it has fundamentally changed the way business is done in south africa.
May 08, 2011 before the great osama bin laden saga last week, there was a fair amount in the news about the new consumer protection act in south africa. The cpa will affect daytoday business transactions for the supply of goods andor services unless specifically exempted. 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. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. 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. 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. The new consumer protection act and the gp anaesthetist. Consumer protection act speak to us know your consumer rights. Constitutional provisions schedule 4, part a of the republic of south africa constitution provides that consumer protection is an area of concurrent legislative jurisdiction.
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. The electronic communications and transactions ect act was enacted in 2002 and contains consumer protection provisions for electronic transactions like shopping online. The consumer protection act cpa, which came into full effect on 01 april 2011, spells out some material changes that apply when the seller is acting in the ordinary course of business and the purchaser is either a body with a turnover and asset value of under r3 million or an individual. 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. The consumer protection act provides that, where goods are found to be defective in quality within six months of their purchase, the customer may insist upon a refund, or may allow the seller the chance to repair or replace the goods.
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. The consumer protection act no 68 of 2006 cpa is the legislative instrument governing liability in respect of. The impact of section 22 of the consumer protection act. The full impact of the cpa is set to be massive but stands to be developed to the full in time. The consumers right to a refund legal tips and updates. 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. 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. Overselling is a common practice in the travel and lodging industry, in which it is expected. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011.
Jan 09, 2012 the electronic communications and transactions ect act was enacted in 2002 and contains consumer protection provisions for electronic transactions like shopping online. Consumer protection act south africa quick consolidation. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated. The consumer protection act and crossborder transactions. Where a supplier is required to refund the purchase price to the consumer. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. 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. Consumer protection act 68 of 2008 south african government. Whenever there is an overlap between the provisions of both the acts, our legal system is required to err in favour of the act that offers the consumer the most protection.
The consumer protection act may come into conflict with other concurrent legislation, e. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. The act provides for the creation of a national consumer commission which will ensure compliance and support consumer protection groups. I have been asked the following questions on numerous occasions. It has required businesses to change the way in which they interact with consumers and to ensure that all their dealings with consumers are fair, reasonable and honest. It is intended for the use of consumers and is not an exhaustive legal reference manual or a substitute for the act. The impact of section 22 of the consumer protection act 68. Overselling or overbooking is sale of a volatile good or service in excess of actual supply. 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.
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