She wrote many articles and has contributed as coauthor to a book on the intellectual property of biobanks for jlis, an. All involved in consumer issues in namibia are going to watch developments with keen interest in south africa and remind themselves continually they can be there as well. The passing of the consumer protection act cpa has definitely had an impact on hospitality services, such as accommodations, including hotels and resorts. Consumer protection law in south africa second edition. Doing business in south africa is an annual publication. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Although consumer protection is not a new concept in south african law, the consumer protection act 68 of. Court of justice ecj found in october 2015 that the presumption of. This page contains information about the consumer protection act, no 68 of 2008 and its history.
The matter is still under consideration of honble supreme court pending for final. 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. Cellular phone contracts, gym contracts, lease agreements, armed response security contracts, educational institution contracts are all examples of fixed term agreements section 14 of the consumer protection act dealing with the expiry and renewal of fixed term agreements does not apply. The dangers of noncompliance of the consumer protection act. Our goal is to assist and protect housing consumers who have been exposed to contractors who deliver housing units of substandard design, workmanship and poor quality material.
Innovative orders under the south african consumer protection. Traditionally, franchisors had the strongest bargaining position when negotiating franchise agreements. 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. An overview of promotional activities in terms of the consumer protection act in south africa 2015 sa merc lj 441 jacolien barnard senior lecturer, department of mercantile law, university of pretoria tshepiso scott candidate attorney, cliffe dekker hofmeyr attorneys, johannesburg i introduction promotional activities in general include all the activities carried out by a supplier to promote. The consumer protection act and typical property transactions 1. 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.
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. The publication is updated once a year and not as and when legal developments occur. Mervin messias, jd juris doctor ba, llb, master trust, estate and tax practitioner sa. The impact of section 22 of the consumer protection act 68 of 2008. It applies only to transactions occurring in south africa section 5.
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. The consumer protection act and buying defective products. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. 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. Consumer protection act, no 68 of 2008 legal legal and. Please note that most acts are published in english and another south african official language. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Request permission export citation add to favorites track citation. The consumer protection act stipulates that fixed term agreements are contracts of a definite duration. Price display of goods or services applicable sections of the consumer protection act, 68 of 2008. Pdf the consumer protection act 68 of 2008 and procedural.
It is hereby notified that the president has assented to the following act, which is hereby published for general information. 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. Consumer protection act, consumer protection, innovative orders. 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 national home builders registration council nhbrc is a regulatory body of the home building industry. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. The most relevant laws with respect to the marketing and advertising of foodsed to consumers is the consumer protection act, the foodstuffs, cosmetics and disinfectants act, hereinafter referred to as the foodstuffs act, the agricultural products standards act and the national health act as well as the regulations that fall under each act. 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 guide is published for general information purposes and is not intended to constitute legal advice. The consumer protection act your guide to consumer rights.
Like ecta, the cpa provides that any contractual provisions which. Doing business in south africa cliffe dekker hofmeyr. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. The right to return goods applicable sections of the consumer protection act, 68 of 2008. Every transaction occurring within the republic of south africa promotion or supply of. The cpa applies to every transaction within south africa i. Official languages to be used by commission in documents. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Cliffe dekker hofmeyr franchise agreements and the. Consumer protection act, 1986 hereinafter referred to as cpa aims to provide speedy relief to such breach of trust or negligence. The fundamental consumer rights that are protected by the cpa are the right to equality in the consumer market, 8. Section 42b of the south african consumer protection act 68 of.
Innovative orders under the south african consumer protection act 68 of 2008 vol 22 2019 per 21. In new zealand and south africa, consumer protection. Ecta, it extends consumer protection to legal persons with an annual turnover of less than r2 million section 1 definition of consumer. This publication provides essential commentary to the legislation and case law, highl. Consumer rights of the elderly as vulnerable consumers in south. Franchise agreements and the consumer protection act. Comments on a draft version of the manual were provided by nicole. Suite 314, 3rd floor, office towers, killarney mall, 60 riviera road, killarney, johannesburg, south africa directors. 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 supreme court held that electricity is a services within the meaning of services as envisaged under c. Cpa the right to return goods the consumer protection act. There are a number of innovative consumer protection mechanisms in the cpa which are revolutionary in nature. Chapters 1 and 5, s 120 and any other provision authorising the minister to make.
The act recognises and protects 9 fundamental consumer rights such the right to fair, just and reasonable terms and conditions. Labelling food facts food advisory consumer service. The five instances where a consumer may return goods to the supplier are. That way, the next time you encounter an unfair or deceptive trade practice in your business dealings, you will remember that the act may provide your company a remedy, whether it is against a customer, partner, supplier or competitor. She works at the ministry of cultural activities and heritage of italy. Strict liability under the consumer protection act. Importantly, and for the first time in the history of south african law, the consumer is provided. Assent 26th may, 2006 commencement 1st july, 2006 1. One of the aspects causing the most concern is what the act means for cancellations of advanced bookings or reservations. First, start thinking of this statute not as the consumer protection act, but as the new hampshire unfair trade practices act. Entrepreneurs generally regard national or international franchise chains as a viable. The consumer protection act on your rights to cancel. Your rights when cancelling a booking or reservation seesa.
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. If businesses commit offences by failing to adhere to the consumer protection laws, harsh penalties will ensue. South africa s legislature has initiated this regulation through the consumer protection act, no 68 of 2008 the cpa, which was signed into law on 24 april 2011. 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. A hierarchy of three tribunals has been set up for this purpose the district consumer disputes redressal forum dcdrf, the state consumer dispute redressal commission scdrc, and. Consumer protection the official portal of the uae. S 15, 23 the provisions relating to price display do not apply to transactions where the supplier has provided an estimate to the consumer or where the consumer has declined the offer of an estimate. The pros and cons of the consumer protection act nh. This animation introduces the learner to the concept of consumer rights and responsibilities. Introduction in south africa consumer protection legislation has for a long time not been in line with those of other countries. However in a resent case the supreme court has held that cases pertaining to theft of electricity are outside the jurisdiction of consumer fora.
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