Nonderogable rights are created for consumers and small. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. 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. South africa has, however, been slower to climb onto the plain language bandwagon. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. 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.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. Scope of the act applies to every transaction occurring within south africa involving the supply of goods or services in exchange for consideration, unless the transaction is exempted from the application of the cpa therefore the provision of a healthcare service to a patient in exchange for remuneration and an expected positive outcome. Price display of goods or services applicable sections of the consumer protection act, 68 of 2008. This was clearly due to the fact that the part of the vehicle mudflap can be easily repaired or replaced without affecting the entire vehicle. When can a consumer return goods under the consumer protection act cpa in south africa. South african consumer service bodies home brand south africa. Consumer protection consumer law bregman moodley attorneys. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. In the past, people have not always been protected against the suppliers of goods or services. Promotion or supply of any goods and services occurring within the republic. Return of goods under the consumer protection act in south africa.
Consumer protection for sa home buyers buying, advice. The new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. The south african consumer protection act makes use of all these techniques. The new consumer protection legislation in south africa. Although some earlier legislation, such as the longterm insurance act 8, the short 1 for example local academics and attorneys such as stoop pn plain language and the assessment of plain. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. The consumer protection act and your lease agreement.
South africas new consumer protection act aims to provide the consumer with certain rights and protection. During october 20 the minister of trade and industry, dr rob davies, published a notice, in terms. Your rights when cancelling a booking or reservation your rights when cancelling a booking or reservation the passing of the consumer protection act cpa has definitely had an impact on hospitality services, such as accommodations, including hotels and resorts. The consumer protection act and buying defective products. South africa will bring in the new consumer protection act. 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. 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. Section 14 moreover obligates the supplier between 40 and 80 days before the end of the agreement to notify the consumer of the. Consumer protection act 68 of 2008 south african government. Pdf the consumer protection act 68 of 2008 and procedural.
The consumer protection act, cpa, which came into effect on 1 april 2011 includes the regulation of goods and services with actual or potential environmental andor health impacts. Sep 01, 2010 this booklet briefly highlights some aspects of the consumer protection act of 2008 cpa. The right to return goods in terms of section 56 of. On april the first, south africa will bring in the new consumer protection act that will give the buyer more power and the seller sleepless nights. The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. One may recall that a prominent south african university released a report stating that meat products labelled as beef had been found to contain traces of donkey, water buffalo and goat meat, as well as soya. It therefore applies to services rendered by attorneys. Consumer protection act, no 68 of 2008 legal legal and. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Consumer protection act regulations as published 220kb pdf. Pdf consumer protection law in south africa, africa and globally have undergone significant growth in the past ten years. This publication provides essential commentary to the legislation and case law, highl. Consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware.
The supplier in this case is entitled to impose a reasonable cancellation penalty. 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. I have been asked the following questions on numerous occasions. The intention of the legislature was to put in place a set of fundamental consumer rights, the regulation of business names and industry codes of conduct. Section 14 2 of the cpa addresses cancellation of fixedterm contracts prior to expiry. Your rights when cancelling a booking or reservation seesa. The impact of section 22 of the consumer protection act 68. The consumer protection act south africa labour guide. 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. Consumer protection for sa home buyers 17 jun 2014 john graham, ceo of south african home inspection company housecheck, has called on the government to bring consumer protection for buyers of secondhand houses in line with overseas best practice and with the south african consumer protection act cpa. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. Mar 12, 2014 in south africa they also apply to products that were manufactured outside of south africa and thereafter imported and supplied to consumers in south africa.
What are the rights of consumers where there is very apparent fraudulent misrepresentation to entice new clients. The act is going to have a huge impact on virtually every business and every transaction in south africa. Unfortunately, we cant help you if you are a consumer in need of protection. This page contains information about the consumer protection act, no 68 of 2008 and its history. Lawyers network provides online legal help south africa. The tribunal confirmed in bandera trading and projects cc v kia motors south africa pty ltd ta the glen, that the fact that there was a missing or damaged mudflap did not render the vehicle defective. This act constitutes an overarching framework for consumer protection, and all other laws which provide for consumer protection usually within a particular sector will need to be read with this act to ensure a common standard of protection.
All of the provisions of the consumer protection act of 2008 cpa or act will come into full force and effect shortly. Consumer protection act south africa national debt. Retailers and employers nailed in covid19 crackdown. The consumer protection act sept 2010 cover publications. July 27, 2009 it was reported on july 15, 2009, that a new south african consumer protection law, already passed by parliament and signed into law by the president of the country but not in effect until april 29 of 2010, will provide tools for consumers to reject unwanted sales solicitations by traders and to compel businesses to change such practices. Healthcare and the consumer protection act 68 of 2008. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Every transaction occurring within the republic of 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. It should be noted that the regulations to be promulgated in terms of the act were not officially published at the time of this publication.
Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. Fundamental rights the consumer protection act south africa the consumer protection act. Jul 10, 2012 download a guide to handling consumer complaints through provincial consumer affairs offices pdf commission for conciliation, mediation and arbitration the ccma is a dispute resolution body established in terms of the labour relations act act 66 of 1995. Insights in south african consumer protection act cpa. Mar 02, 2012 the new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. Practical considerations the guidelines provide for both voluntary product recalls initiated by suppliers as well as compulsory product recalls ordered by the ncc. The new consumer protection legislation in south africa was. The consumer protection act 68 of 2008 cpa has had significant.
The act applies to every transaction within the republic, unless it is exempted by section 5. Consumer protection law in south africa second edition. Consumer protection act south africa national debt advisors. National consumer protection institutions consumer prorection. 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. Van schaik bookstore acknowledges and supports the act. 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 consumer protection act heralds a bold new approach to protecting the south african consumer in which the state has levelled the playing field and created an agency, the national consumer commission, a regulatory framework which intervenes directly in day to day commercial transactions to ensure compliance by service providers and suppliers. Feb 20, 2014 section 14 notably for landlords entitles a consumer to cancel an agreement by giving the supplier 20 business days notice. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
Aug 02, 2011 section 55b of the consumer protection act states that every consumer has got the right to goods or products which are of good quality, in good working order and free from defects, and the consumer protection act section 411ac states that in relation to marketing of any goods or services, the supplier must not, by words or conduct, directly or indirectly express or imply a false. Price display of goods or services the consumer protection act. Various communiques pertaining to the consumer act available for download. Consumer rights how and where to file complaints south africa. What are the rights of consumers where there is very apparent fraudulent misrepresentation to. This provision allows the consumer to cancel a contract by giving the supplier 20 business days notice in writing or other recorded manner and form, please take note of the requirement that a cancellation must be in writing or a recorded form. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. The act therefore requires amendment to ensure effective.
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. A transaction between a supplier and a consumer also includes the supply of any goods and services in the. The consumer protection act applies to the following. Oct 27, 2016 i have been asked the following questions on numerous occasions. 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 africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury.