Every transaction occurring within the republic of south africa. The south african economy, like its people, is filled with beautiful diversity and unquenched energy. South african companies can resume operations knowing that they have the equipment and protocols to. The bill of rights enshrines the rights of all south africans including consumer rights. The total cost of the case is estimated to be at least around r120,000 to r150,000 and if i win, i am likely to get back r60,000 to r80,000 by way of a cost order as successful litigant giving me a net loss of. The provisions apply to every transaction occurring within south africa for the supply of goods or services or the promotion of goods or services.
Consumer protection act 68 of 2008 hereafter the cpa, which. Regulation 7 to the cpa regulation 7, which came into force on. With acts you are guaranteed the latest and most up to date resource for your legislative needs. 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. Academics, both nationally and internationally, students, practitioners and consumer protection agencies will benefit richly from this comprehensive. South africa adopted genetically modified crops in 1997, and currently produces genetically modified maize, soybean and cotton. The purpose of the cpa is to promote and protect the rights of south african consumers and this protection could, potentially, extend to offshore transactions involving south african consumers. Protection of personal information act 4 of 20 south. The new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. Consumer protection act 68 of 2008 south african government. Holding on to the hope of a better tomorrow, it refuses to stay down when the going gets tough. The new consumer protection act and the gp anaesthetist. Innovative orders under the south african consumer protection.
I have been asked the following questions on numerous occasions. Instituted in 2009, this legislation ensures the protection of active consumers and makes it a need for businesses to abide by certain guidelines to operate. The act introduced some important changes to the law governing lease agreements when it came into operation on the 1st april 2011. In a resourcerich rainbow nation, south africans are a driven, tenacious and innovative bunch. Consumer protection act, no 68 of 2008 legal legal and. Section 17, 910, 17 amended by rental housing amendment act 43 of 2007 from may 2008.
Interpretation part b purpose, policy and application of act 3. Afriforum v minister of trade and industry and others 20 4 sa 63 gnp. 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. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010 is a bill of rights for you, the consumer, to help shield you from products that are unsafe, making the south african consumer the most protected in the world. Consumer protection act, consumer protection, innovative. Afriforum v minister of trade and industry 20 4 sa 63 gnp and byleveld v execor. 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. Amended by rental housing amendment act 35 of 2014 from date to be proclaimed. Consumer protection council act chapter c25 decree no 66 of 1992 laws of the federation of nigeria 23rd day of november 1992 the federal military government hereby decrees as follows. Promotion or supply of any goods and services occurring within the republic.
We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The consumers right to a refund legal tips and updates. The act applies to every transaction within the republic, unless it is exempted by section 5. Louw e plain language, consumerism and reform of south african contract law 2012 lambert academic publishing. The purpose of the consumer protection act cpa,1 in so many words, is to promote and advance the social and economic welfare of consumers in south africa sa. The protection of personal information act 4 of 20 aims. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. E it therefore enacted by the parliament of the republic of south africa, as follows. Consumer protection act its impact on lease agreements. Overview of the main features of the act1 background the act sets out the minimum requirements to ensure adequate consumer protection in south africa. Be it therefore enacted by the parliament of the republic of south africa, as follows. What are the rights of consumers where there is very apparent fraudulent misrepresentation to. A transaction between a supplier and a consumer also includes the supply of any goods and services in the. The impact of the consumer protection act on franchise.
The law of contract forms the basis of most aspects of consumerprotection law. It is important to note that the act only applies to leases entered into after 1st april 2011. 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 your guide to consumer rights. Consumer protection law in south africa second edition. Goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act. This page contains information about the consumer protection act, no 68 of 2008 and its history.
Consumer protection act regulations as published 220kb pdf. The extent to which the cpa applies to these fixed term preexisting agreements is set out in chapter 7 of the act. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. During october 20 the minister of trade and industry, dr rob davies, published a notice, in terms of s24 of the consumer protection act, no 68 of. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware.
It is hereby notified that the president has assented to the following act, which is hereby published for general information. Pdf consumer protection law in south africa, africa and globally have undergone significant growth in the past ten years. The consumer protection act applies to the following. Unpacking the right to plain and understandable language in. Section 14 2 of the cpa addresses cancellation of fixedterm contracts prior to expiry. This act constitutes an overarching framework for consumer protection.
The impact of the consumer protection act on pharmacists. The consumer protection act act no 68 of 2008 cpa was signed into law on 24 april 2009. In the past, people have not always been protected against the suppliers of goods or services. The next step was to involve my attorney who took the case on and used the consumer protection act cpa as the basis for the case. The cpa will affect daytoday business transactions for the supply of goods andor services unless. Rights enshrines the rights of all south africans including consumer rights. Establish national norms and standards relating to consumer protection.
Specific protection is given to certain classes of people such as the illiterate, minors, seniors, people living in remote areas and those of low. Consumer protection act south africa national debt. 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. 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. The protection of lowincome consumers under the south. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. The consumer protection act the cpa or the act1 is a relatively new piece of legislation which was finally fully enacted in south africa from 1 april 2011. Right to equality in the consumer market and protection against discriminatory marketing. The second edition of consumer protection in south africa is bound to make a considerable and much needed contribution to the growing body of south african consumer protection jurisprudence. The consumer protection act, 2008, will come into effect on 31 march 2011.
Conference paper pdf available january 20 with 563 reads. The south african national consumer protection act2 the act came into effect on 1 april 2011. 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. 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. Insights in south african consumer protection act cpa. Act further outlines these key consumer rights, of which all south african. 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. The new consumer protection legislation in south africa. Part i establishment of consumer protection council etc. 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. The consumer protection act south africa labour guide. Protection of personal information act, 20 5 act no. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
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