News south africa make sure that when you pay for your goods at the till, the price you pay matches the one on the shelf or product. Jul 10, 2012 south african national consumer union sancu is a voluntary independent body that represents millions of consumers. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. The application of the consumer protection act in the south. The cpa impacts many of these practices significantly, including direct and other marketing practices. The consumer protection act and buying defective products. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. Strict liability under the consumer protection act. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The consumer protection act 68 of 2008,1 which recently came into effect in south africa, applies to every transaction occurring within south africa the authors are very grateful to hanri du pl essis from the departme nt of jurisprudence, unisa, for her valuable comments on the final draft of the article. E it therefore enacted by the parliament of the republic of south africa, as follows. Mar 12, 2014 consumer protection act trade coupons and similar promotions promotional competitions 101 regulating the franchisor in this issue product recalls.
Return of goods under the consumer protection act in south. Department of defense military lending act regulations, 32. 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. The five instances where a consumer may return goods to the supplier are. It is hereby notified that the president has assented to the following act, which is hereby published for general information. I have been asked the following questions on numerous occasions. The south african national consumer protection act cpa came into effect on 1 april 2011. Consumer protection measures are often established by law.
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. Resolving consumer goods disputes effectively and independently. 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. Ftc role in administering and enforcing the regulations. Van schaik bookstore acknowledges and supports the act. South africa adopted genetically modified crops in 1997, and currently produces genetically modified maize, soybean and cotton. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. 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. The act introduced some important changes to the law governing lease agreements when it came into operation on the 1st april 2011. The national consumer protection act western cape government.
National consumer law center is a nonprofit organization with 35 years of working experience in. Consumer protection guide for military servicemembers kentucky. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Where a supplier is required to refund the purchase price to the consumer. Consumer financial protection bureau supervision and the military. When can a consumer return goods under the consumer protection act cpa in south africa. 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. The office of the consumer goods and services ombud cgso is the consumer goods and services industrys compulsory ombud scheme, set up in line with the consumer protection act. Georgia military consumer protection guide georgia consumer.
Safety at sports and recreational events act, 2010 act no. This bill amends the consumer financial protection act to extend consumer financial protection bureau oversight and protection to provisions under the servicemembers civil relief act concerning. Amended by national credit amendment act 19 of 2014 from mar 2015. A bill to allow the bureau of consumer financial protection to provide greater protection to servicemembers. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. The cgso enforces the consumer goods and services industry code of conduct by receiving and dealing. The right to return goods applicable sections of the consumer protection act, 68 of 2008. South african consumer service bodies home brand south africa. South africa s new consumer protection act aims to provide the consumer with certain rights and protection.
The application of the consumer protection act in the. The consumer protection act, no 68 of 2008 cpa, which came into force in april 2011, dramatically changed the legal landscape for conducting business with consumers, marketing to consumers and businesses involved in manufacturing consumer goods, even. The consumer protection act and cell phone contracts. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. Section 39 of popi establishes the information regulator, a body composed of several members. Consumer protection act south africa national debt advisors. This bill amends the consumer financial protection act to extend consumer financial protection bureau oversight and protection to persons covered by provisions of the servicemembers civil relief act concerning. 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. It is important to note that the act only applies to leases entered into after 1st april 2011. Defense on a wide variety of consumer protection legal and policy issues, including. The provisions apply to every transaction occurring within south africa for the supply of goods or services or the promotion of 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. Servicemembers, such as the military lending act and certain sections of the. Regulation 7 to the cpa regulation 7, which came into force on. Consumer protection act its impact on lease agreements. Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. When you feel confident about the types of car you are looking for, you will need to. That said, certain scams are more likely to target the military community, in part because military families may relocate frequently and many servicemembers for the first time are living on their own and earning a paycheck. Consumer protection consumer law bregman moodley attorneys. Consumer protection act south africa national debt. What is the impact of the consumer protection act cpa on cell phone contracts and the cellular industry. Fundamental rights the consumer protection act south africa the consumer protection act. Ftc enforcement activities related to compliance with regulation.
Nhbrc is responsible for protecting consumers in terms of the housing consumers protection measures act, 1998 act no. 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. South african institute for drugfree sport act, 1997 act no. Lawyers network provides online legal help south africa. The impact of section 22 of the consumer protection act. Consumer protection act, no 68 of 2008 legal legal and. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. 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. 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. 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.
Introduced in house 07242017 military consumer protection act. Military consumer protection federal trade commission. If youre feeling hard done by as a consumer, contact the department of trade and industrys national consumer commission, previously the office of consumer protection, at 0861 843 384, fax. 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. Cpa the right to return goods the consumer protection act. International consumer protection federal trade commission. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. If theres a discrepancy, it should be the stores problem, not. National consumer protection institutions consumer prorection.
Consumer protection act 68 of 2008 south african government. The protection of personal information, act 4 of 20 popi is the primary instrument regulating data protection in south africa. 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. 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. A closer look at the military consumer financial workshop, staff. Introduced in senate 0611 2015 military consumer protection act. The consumer protection act south africa labour guide. South africas new consumer protection act aims to provide the consumer with certain rights and protection. Regulation 5 3 of the cpa further provides that suppliers cannot charge a consumer a charge that would have the effect of negating the consumers right to cancel a fixed term consumer agreement as afforded to the consumer by the act, simply meaning that the cancellation charge cannot be exorbitant or render cancellation of the. To allow the bureau of consumer financial protection to provide greater protection to servicemembers. 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. The consumers right to a refund legal tips and updates.
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. Military consumer protection servicemembers, like all consumers, are potential targets for fraudsters. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. State of privacy south africa privacy international. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. Return of goods under the consumer protection act in south africa. Enforcement agencies can use those complaints to investigate fraud.
The national credit act and the consumer protection act are two acts which will probably dominate and be applicable to many of our transactions. Unfortunately, we cant help you if you are a consumer in need of protection. Many of you may be wondering about the implication of the new consumer protection act the act on your lease agreement, whether landlord or tenant. Both these acts were created to assist us as consumers and its certainly worth knowing how we are protected. 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. 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. 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. Consumer rights how and where to file complaints south africa. Jan 25, 2017 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. The impact of section 22 of the consumer protection act 68.
898 1534 935 1193 40 1649 1413 772 1512 145 920 1076 248 915 1632 571 1625 38 817 1663 1560 201 1193 1194 980 780 147 1335 614 819