Consumer protection act, 2008 notes on the guide to consumer protection act no 68 of 2008 2 1. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. E it therefore enacted by the parliament of the republic of south africa, as follows. This page contains information about the consumer protection act, no 68 of 2008 and its history. 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. Van schaik bookstore acknowledges and supports the act. Direct marketing and the consumer protection act legalwise. The right to return goods in terms of section 56 of. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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. 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. Is it even possible to cancel a contract without unreasonable cancellation fees. Mar 12, 2014 consumer protection act trade coupons and similar promotions promotional competitions 101 regulating the franchisor in this issue product recalls. The consumer protection act and your lease agreement.
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. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Product liability falls under the consumer protection act, so make sure youre up to speed with your legal obligations using our consumer protection act guide. Find out how the cpa impacts on your lease agreement. 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 consumer protection act 68 of 2008 cpa seeks to regulate such communication by advertisers by empowering the consumer to restrict unwanted direct marketing. Consumer protection act regulations as published 220kb pdf. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. Consumer protection law in south africa second edition. The south african national consumer protection act cpa came into effect on 1 april 2011. 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.
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. Advisory note 1 consumers rights regarding defective goods section 56 consumer protection act cpa implied warranty of quality the cpa imposes a builtin or automatic warranty commonly known as a guaranty that all. The primary objective of the consumer protection act is to establish consumer rights and provide free, effective and efficient enforcement of those rights through the establishment of the national consumer commission ncc. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. Consumer protection act summary guide for small businesses. This publication provides essential commentary to the legislation and case law, highl. The national consumer commission guidelines disclosure of price what you see is what you get the purpose of the guidelines is to provide guidance to suppliers on how to conduct a product safety. 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 consumer protection act 68 of 2008 cpa came into force on 1 april 2011.
Liverpools expansion of their anfield road stand has been postponed by a year due to the impact of the covid19 pandemic, and the earliest target for completion is now 2023, the premier league. Cpa the right to return goods 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 consumer protection act has two 2 implementation dates.
Consumer complaints south africa consumer rights and. 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. Franchising in the past the franchising industry in south africa was not specifically regulated. Advisory note 1 section 56 consumer protection act cpa.
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. The national consumer protection act western cape government. 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. Oct 27, 2016 i have been asked the following questions on numerous occasions. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Every transaction occurring within the republic of south africa promotion or.
The act sets out the minimum requirements to ensure adequate consumer protection in south africa. In the past, people have not always been protected against the suppliers of goods or services. A consumer has various rights of return in terms of the consumer protection act. The consumer protection act south africa labour guide. The consumers right to a refund legal tips and updates by. South african consumer service bodies home brand south africa. The code of ethics administered by the franchising association. Jul 10, 2012 south african national consumer union sancu is a voluntary independent body that represents millions of consumers. 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. South africa s new consumer protection act aims to provide the consumer with certain rights and protection.
Cancelling your fixed term contract could easily turn into a nightmare. The consumer protection act and buying defective products. Chapters 1 and 5, s 120 and any other provision authorising the minister to make regulations and sch 2 in terms of sch 2, item 21. Consumer protection act will affect rights of property buyers. 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. If a person is of the belief that a supplier has breached the consumer protection act in respect of direct marketing she may lodge a complaint with the supplier, or lodge a complaint with a complaints body, such as an ombudsman, the national consumer commission and so on, for investigation.
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. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. Unfortunately, we cant help you if you are a consumer in need of protection. When can a consumer return goods under the consumer protection act cpa in south africa. Modern day advances in technology allow consumers to be contacted anytime day or night via email, sms and telephone calls. 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. Consumer protection act, no 68 of 2008 legal legal and. The ceo of high flyers property yells at his inhouse legal advisor jack jack.
Jun 11, 2014 2 consumer protection act alert 19 may 2014 continued trade descriptions need not be directly applied to goods but can also be attached to the goods, displayed with or in the proximity of the goods or contained in a sign, advertisement, catalogue, invoice, business letter or other similar document. 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. 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. 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 consumer protection act is a distinct field of law and the concept is still relatively new in south africa. 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. Abstract although consumer protection is not a new concept in south african law, the consumer protection act 68 of 2008 cpa now provides. The consumer protection act your guide to consumer rights. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. 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. Consumer protection act will affect rights of property buyers and sellers.
A consumer includes any business with a total annual turnover that is less than r2 million is also protected. Every transaction occurring within the republic of south africa promotion or supply of. Consumer protection act south africa national debt advisors. Lets look at what the cpa consumer protection act says about fixed term contracts. Consumer rights of the elderly as vulnerable consumers in south. Consumer rights how and where to file complaints south africa. 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. Section 14 together with regulation 5 of the cpa essentially addresses the fixed term contract and.
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. Return of goods under the consumer protection act in south africa. It therefore applies to services rendered by attorneys. 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. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. Applicable sections of the consumer protection act, 68 of 2008. The right to return goods applicable sections of the consumer protection act, 68 of 2008. Consumer protection law in south africa second edition the consumer protection act 68 of 2008 cpa has had a major impact on the way in which suppliers and consumers do business. The impact of section 22 of the consumer protection act 68.
Cancelling a fixed term contract the consumer protection act. Interpretation part b purpose, policy and application of act 3. Welcome to the official south african government online site. Minister mthembu to meet with stats council amid funding concerns. Consumer protection act 68 of 2008 south african government. A transaction between a supplier and a consumer also includes the supply of any goods and services in the ordinary course of business to any of its members by a club, trade union, association, society or.
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