The south african legislative environment has changed recently with the promulgation of the consumer protection act and proposed amendments to the national health act. Moller maersk as incorporated in denmark south african registration number. The consumer protection act on the voetstoots clause seesa. The information contained herein is a summary of some of the key aspects of the consumer protection act, 68 of 2008 hereinafter referred to as the act, and the regulations, and is issued to clients as a general overview thereof. Legalwise offers assistance and information on the consumer protection act in south africa. The consumer protection act spells out the rights of the consumer and the responsibilities of the supplier. 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. South africa currently has a pluralistic health care system with separate public and private sectors. The consumer protection act applies to the following. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011.
Assent 26th may, 2006 commencement 1st july, 2006 1. The south african law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale or, to be more specific, purchase and sale, or emptio venditio, generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money. 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 applies to every transaction, promotion or supply of any goods and services occurring within of south africa. Direct marketing and the consumer protection act legalwise. The consumer protection act on the voetstoots clause the consumer protection act on the voetstoots clause traditionally the allencompassing safety net of the voetstoots clause meant that goods were purchased as is and accordingly indemnified the seller for any defects in the goods. 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. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. Every transaction occurring within the republic of south africa promotion or supply of any goods and. 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. The consumer protection act cpa not only has socioeconomic consequences, but more specifically, impacts on the insurance industry in a major way.
South african consumer protection rights arise largely from the. The consumer protection act and socioeconomic transformation in south africa. It therefore applies to services rendered by attorneys. Securities and exchange commission 17 cfr parts 240 and 249b.
It is, however, moving towards a socialised model with the introduction of national health insurance. Labelling legislation in south africa is complex and must be looked at as a whole and not each part in isolation. There have been differing views expressed as to whether a student should be seen as a consumer. 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. Consumer complaints south africa consumer rights and. The impact of the consumer protection act on franchise agreements. It promotes a fair and accessible marketplace for consumer products and services. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. 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. Schedule 4, part a of the republic of south africa constitution provides that consumer. National consumer protection institutions consumer prorection. The primary objective of the consumer protection act is to establish consumer. Notice in terms of section 673 of the competition act, 2003. When can you return damaged or defective goods or items.
How counterfeiters are using the covid19 pandemic to their benefit. Be it therefore enacted by the parliament of the republic of south africa, as follows. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Sa courts approach to exemption clauses and the potential. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Gpw website consumer protection rights notice last saved on 20120815. The full impact of the cpa is set to be massive but stands to be developed to the full in time. In new zealand and south africa, consumer protection. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. Sa courts approach to exemption clauses and the potential impact of the cpa. It is clear, however, that this act applies to heis. Return of goods under the consumer protection act in south. Consumer protection act 68 of 2008 south african government. Return of goods under the consumer protection act in south africa.
The new consumer protection act protects consumer rights in south africa and highlights what consumers are entitled to, as well as the responsibility of suppliers of goods and services. 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. The impact of the consumer protection act on insurance. The cpa, which came into effect in south africa as from 1 april 2011, sets the basis for consumer protection in this country and is the first of its kind. Challenges and opportunities for furniture retailers in cape town. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
When can a consumer return goods under the consumer protection act cpa in south africa. Protection of consumer rights 1 if a consumer has exercised, asserted or sought to uphold any right set out in this act or in an agreement or transaction with a supplier, the supplier must not, in response. To learn more about the cpa, read our quicklaw guide. The law of contract in south africa dale hutchison ed. Kenya english news, 2012, merrygorounds become powerful investment tools in. This right includes the consumer s right to preemptively block any impersonal approach or communication from direct marketers.
Jun 01, 2005 an act to provide for the promotion and protection of consumer interest, in relation to the supply of goods and the provision of services in order to ensure protection of life, health and safety of consumers and others, the establishment of a consumer affairs commission and for connected purposes. Oct 27, 2016 i have been asked the following questions on numerous occasions. It is hereby notified that the president has assented to the following act, which is. April 2011 consumer protection act regulations as published 220kb pdf. The consumer protection act 68 of 2008 has brought legal drafting under the spotlight, in particular the need to use plain language in legal documents. Consumer protection act the banking association south africa. Section 61 cpa liability only attaches to a supplier. Cpa the right to return goods the consumer protection act. 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. This act may be cited as the consumer protection act. We are adopting a new form and rule pursuant to section 1502 of the doddfrank wall street reform and consumer protection act relating to the use of conflict minerals. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. Jul 10, 2012 south african national consumer union sancu is a voluntary independent body that represents millions of consumers.
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. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. Consumer protection act speak to us know your consumer rights. I have been asked the following questions on numerous occasions.
The act sets out the minimum requirements to ensure adequate consumer protection in south africa. To include a comma in your tag, surround the tag with double quotes. Enforcement agencies can use those complaints to investigate fraud. Consumer protection is not a new concept in south africa and various acts of. We have 40 years legal experience on how to comply with the cpa to protect the consumer. Fundamental rights the consumer protection act south africa the consumer protection act. Consumer rights how and where to file complaints south africa. Consumer protection act, no 68 of 2008 legal legal and. South africa and global insurance, financial institutions, banking and general law. Consumer protection an act to make provision for the greater protection of consumers, to establish a consumer protection commission and for the functions and powers of that commission and related matters.
Of access to information act no 2 of 2000 the act for maersk south africa pty ltd registration no. That it is desirable to promote an economic environment that supports. The consumer protection act cpa 68 of 2008 addresses these problems. South africa emulates many firstworld countries and aligns itself with the united nations and the european union guidelines on consumer protection by codifying a common law for consumer rights. General provisions of the consumer protection act relating to, or impacting on franchise agreements 3. 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. It is intended for the use of consumers and is not an exhaustive legal reference manual or a substitute for the act. Section 1502 added section p to the securities exchange act of. Interpretation part b purpose, policy and application of act 3. Mar 12, 2014 consumer protection act trade coupons and similar promotions promotional competitions 101 regulating the franchisor in this issue product recalls. This page contains information about the consumer protection act, no 68 of 2008 and its history. Patients as consumers of health care in south africa. Genetically modified organisms i, dr rob davies, the minister of trade and industry hereby, in terms of section 1201 of the consumer protection act, 2008 act no. This was the finding of the supreme court of appeal in eskom holdings limited v halstead.
It is also informed by interviews during visits in december 2012 to malaysian consumer. There are a number of sections in the consumer protection act. The consumer protection act is not the only legislation that requires the use of plain language. Cancelling a fixed term contract the consumer protection act. Before the enactment of the consumer protection act no. International consumer protection federal trade commission. Purpose of the consumer protection act vukuzenzele. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. What is the south african approach to consumer protection. In evaluating the provisions of the cpa, it is necessary to take notice of the malpractices it seeks to address.
Cipc notice, 5 june 2012 registration of business trading as. 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. E it therefore enacted by the parliament of the republic of south africa, as follows. Dti advertorial the purpose of the consumer protection act is to prevent consumers from being exploited and harmed.
In terms of s16 of the cpa, if a consumer has bought goods as a result of direct marketing, then for a period of 5 days after receiving the goods, the consumer can. 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. In addition to the multitude of legislations pertaining to food labelling, there is also no single regulatory authority on labelling of foodstuffs. In south africa there is currently no legislation aimed. A consumer includes any business with a total annual turnover that is less than. Consumer protection legislation south african consumer protection. In with the consumer protection act and out with a shove of the foot just a spoonful of sugar.
Consumer protection act ministry of justice government of. 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. South african consumer service bodies home brand south africa. The consumer protection act is a distinct field of law and the concept is still relatively new in south africa. Keep the consumer protection act in mind when facilitating promotional competitions. Gpw website consumer protection rights notice government. The right to return goods applicable sections of the consumer protection act, 68 of 2008. Labelling food facts food advisory consumer service. 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. The consumer protection act cpa lays the basis for the protection of consumer rights in south africa and comprehensively sets out obligations for suppliers. Section 61 cpa liability only attaches to a supplier consumer relationship. This article, firstly, explores the concept of a student as a customer consumer.
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