South africa and global insurance, financial institutions, banking and general law. Gpw website consumer protection rights notice government. It therefore applies to services rendered by attorneys. Return of goods under the consumer protection act in south africa. 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.
In evaluating the provisions of the cpa, it is necessary to take notice of the malpractices it seeks to address. 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. It is clear, however, that this act applies to heis. To include a comma in your tag, surround the tag with double quotes. 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. Section 1502 added section p to the securities exchange act of. There have been differing views expressed as to whether a student should be seen as a consumer. We have 40 years legal experience on how to comply with the cpa to protect the consumer.
Before the enactment of the consumer protection act no. Labelling legislation in south africa is complex and must be looked at as a whole and not each part in isolation. 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. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Gpw website consumer protection rights notice last saved on 20120815. Consumer protection act, no 68 of 2008 legal legal and. What is the south african approach to consumer protection. 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 protection act 68 of 2008 south african government. Fundamental rights the consumer protection act south africa the consumer protection act. Challenges and opportunities for furniture retailers in cape town. Cipc notice, 5 june 2012 registration of business trading as. Labelling food facts food advisory consumer service. To learn more about the cpa, read our quicklaw guide.
The primary objective of the consumer protection act is to establish consumer. Consumer protection act ministry of justice government of. Consumer protection is not a new concept in south africa and various acts of. Cancelling a fixed term contract the consumer protection act. 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. South africa currently has a pluralistic health care system with separate public and private sectors. 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. Securities and exchange commission 17 cfr parts 240 and 249b. Notice in terms of section 673 of the competition act, 2003. International consumer protection federal trade commission. Interpretation part b purpose, policy and application of act 3. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. Moller maersk as incorporated in denmark south african registration number. Sa courts approach to exemption clauses and the potential impact of the cpa.
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 and socioeconomic transformation in south africa. National consumer protection institutions consumer prorection. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. The consumer protection act spells out the rights of the consumer and the responsibilities of the supplier. The right to return goods applicable sections of the consumer protection act, 68 of 2008. 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, 2008, no 68 of 2008 was signed into law on 24 april 2009. In with the consumer protection act and out with a shove of the foot just a spoonful of sugar. Consumer protection legislation south african consumer protection. The consumer protection act is not the only legislation that requires the use of plain language. 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. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
Mar 12, 2014 consumer protection act trade coupons and similar promotions promotional competitions 101 regulating the franchisor in this issue product recalls. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. 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. Patients as consumers of health care in south africa. 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 was the finding of the supreme court of appeal in eskom holdings limited v halstead. This act may be cited as the consumer protection act. The consumer protection act applies to every transaction, promotion or supply of any goods and services occurring within of south africa. It is intended for the use of consumers and is not an exhaustive legal reference manual or a substitute for the act. In addition to the multitude of legislations pertaining to food labelling, there is also no single regulatory authority on labelling of foodstuffs. How counterfeiters are using the covid19 pandemic to their benefit. In new zealand and south africa, consumer protection. 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. The full impact of the cpa is set to be massive but stands to be developed to the full in time.
General provisions of the consumer protection act relating to, or impacting on franchise agreements 3. Be it therefore enacted by the parliament of the republic of south africa, as follows. I have been asked the following questions on numerous occasions. 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.
South african consumer service bodies home brand south africa. This article, firstly, explores the concept of a student as a customer 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. Of access to information act no 2 of 2000 the act for maersk south africa pty ltd registration no. The impact of the consumer protection act on franchise agreements. Cpa the right to return goods the consumer protection act. E it therefore enacted by the parliament of the republic of south africa, as follows. The consumer protection act on the voetstoots clause seesa. Section 61 cpa liability only attaches to a supplier. The impact of the consumer protection act on insurance. Enforcement agencies can use those complaints to investigate fraud.
Return of goods under the consumer protection act in south. Protection of consumer rights and consumers voice part a consumers right to be heard and obtain redress. Jul 10, 2012 south african national consumer union sancu is a voluntary independent body that represents millions of consumers. That it is desirable to promote an economic environment that supports. This right includes the consumer s right to preemptively block any impersonal approach or communication from direct marketers. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. 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. Kenya english news, 2012, merrygorounds become powerful investment tools in. April 2011 consumer protection act regulations as published 220kb pdf. Schedule 4, part a of the republic of south africa constitution provides that consumer.
Sa courts approach to exemption clauses and the potential. 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. The consumer protection act cpa not only has socioeconomic consequences, but more specifically, impacts on the insurance industry in a major way. Dti advertorial the purpose of the consumer protection act is to prevent consumers from being exploited and harmed. This page contains information about the consumer protection act, no 68 of 2008 and its history. 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 speak to us know your consumer rights.
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. Consumer complaints south africa consumer rights and. The law of contract in south africa dale hutchison ed. 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. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The consumer protection act cpa lays the basis for the protection of consumer rights in south africa and comprehensively sets out obligations for suppliers. It is, however, moving towards a socialised model with the introduction of national health insurance. South african consumer protection rights arise largely from the. When can you return damaged or defective goods or items. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. Assent 26th may, 2006 commencement 1st july, 2006 1. There are a number of sections in the consumer protection act. Direct marketing and the consumer protection act legalwise. 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.
Legalwise offers assistance and information on the consumer protection act in south africa. 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. 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. Oct 27, 2016 i have been asked the following questions on numerous occasions. Consumer protection act the banking association south africa. Section 61 cpa liability only attaches to a supplier consumer relationship. It is hereby notified that the president has assented to the following act, which is. The consumer protection act cpa 68 of 2008 addresses these problems. Consumer rights how and where to file complaints south africa. 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.
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. The consumer protection act is a distinct field of law and the concept is still relatively new in south africa. 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. In south africa there is currently no legislation aimed. 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. Keep the consumer protection act in mind when facilitating promotional competitions. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. The south african legislative environment has changed recently with the promulgation of the consumer protection act and proposed amendments to the national health act. Purpose of the consumer protection act vukuzenzele.
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