The consumer protection act has farreaching implications for the landlordtenant relationship, contrary to the views expressed by some commentators. Unfortunately, we cant help you if you are a consumer in need of protection. Return of goods under the consumer protection act in south. 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. The consumer protection act on the voetstoots clause seesa. Overselling is a common practice in the travel and lodging industry, in which it is expected.
The consumer protection act provides that a supplier is permitted to ask for a deposit when an advance booking is made, and charge a cancellation fee when the booking is cancelled. What are the rights of consumers where there is very apparent fraudulent misrepresentation to. Promotion or supply of any goods and services occurring within the republic. 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 consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Van schaik bookstore acknowledges and supports the act. 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. During october 20 the minister of trade and industry, dr rob davies, published a notice, in terms. Video provides an overview of the south africans franchise legislation. The consumer protection act south africa labour guide. The applicant is the national consumer commission hereinafter referred to as the ncc or the respondent established in terms of section 85 of the consumer protection act 68 of 2008, situated at no 8 bauhinia road, corner witchhazel, office no 10, berkley office park, techno park, centurion. Jul 04, 2012 home buyers can cut through all the current confusion over the consumer protection act and property sales by insisting on an independent home inspection before they sign an offer. Advance bookings typically require the payment of a deposit. 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. 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. April 2011 consumer protection act regulations as published 220kb pdf. Landlords ignore the consumer protection act at their own.
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. 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. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. The impact of section 22 of the consumer protection act. Consumer protection act 68 of 2008 south african government. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. 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 speak to us know your consumer rights.
Consumers also have the right to information and education. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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. The impact of the consumer protection act on franchise agreements. What are the rights of consumers where there is very apparent fraudulent misrepresentation to entice new clients. 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. Jul 10, 2012 there are various pieces of powerful legislation in place to protect consumers, the most important being the consumer protection act act 68 of 2008 and the national credit act act 34 of 2005. What is the south african approach to consumer protection. Schedule 4, part a of the republic of south africa constitution provides that consumer. The new consumer protection legislation in south africa. 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.
Despite all the noble objectives and purposes of the consumer protection act, it creates several practical challenges. 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. When can a consumer return goods under the consumer protection act cpa in south africa. The impact of the consumer protection act on pharmacists. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. In the past, people have not always been protected against the suppliers of goods or services.
Every transaction occurring within the republic of south africa promotion or supply of any goods and. Cipc notice, 5 june 2012 registration of business trading as. Specific protection is given to certain classes of people such as the illiterate, minors, seniors, people living in remote areas and those of low income. Challenges and opportunities for furniture retailers in cape town. Oct 27, 2016 i have been asked the following questions on numerous occasions. Interpretation part b purpose, policy and application of act 3. The impact of the consumer protection act on pharmacists du.
This page contains information about the consumer protection act, no 68 of 2008 and its history. Consumer protection act south africa national debt. In the past, these deposits were generally nonrefundable if the booking was cancelled. With acts you are guaranteed the latest and most up to date resource for your legislative needs. I have been asked the following questions on numerous occasions. Practical considerations the guidelines provide for both voluntary product recalls initiated by suppliers as well as compulsory product recalls ordered by the ncc. 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 act applies to every transaction within the republic, unless it is exempted by section 5. 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.
Consumer protection act explained news that connects south. Protection act cpa republic of south africa, 2008a. The new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. A transaction between a supplier and a consumer also includes the supply of any goods and services in the. The consumer protection act and buying defective products. Consumer protection law in south africa second edition. Consumer protection act south africa national debt advisors. Consumer protection is not a new concept in south africa and various acts of. 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. The five instances where a consumer may return goods to the supplier are. This publication provides essential commentary to the legislation and case law, highl.
Every transaction occurring within the republic of south africa. 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. Introduction overselling or overbooking is sale of a volatile good or service in excess of actual supply. Section 14 2 of the cpa addresses cancellation of fixedterm contracts prior to expiry. This section does not provide a comprehensive definition of auction. Landlords ignore the consumer protection act at their own peril. Return of goods under the consumer protection act in south africa. What we must not forget is that the constitution 2 of the republic of south africa of 1996, the national health act 3 61 of 2003, as well as the common law, also protect the patient consumer. The new consumer protection act and the gp anaesthetist. Establish national norms and standards to ensure consumer protection. Its a fact, according to the estate agency affairs board eaab, that sa consumers are still likely to pay more attention to the condition of a secondhand vehicle. 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.
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. The consumer protection act gives all goods sold a sixmonth implied warranty of quality, meaning you can return it for your choice of refund, repair or replacement in that time. 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. Be it therefore enacted by the parliament of the republic of south africa, as follows. The impact of section 22 of the consumer protection act 68. 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. The consumer protection act cpa, which came into full effect on 01 april 2011, spells out some material changes that apply when the seller is acting in the ordinary course of business and the purchaser is either a body with a turnover and asset value of under r3 million or an individual. 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 applies to the following. Consumer protection act, no 68 of 2008 legal legal and. What we must not forget is that the constitution 2 of the republic of south africa of 1996, the national health act 3 61 of 2003, as well as the common law, also protect the patientconsumer. Jan 09, 2012 basics the consumer protection act, no. Oct 02, 2009 video provides an overview of the south africans franchise legislation. Consumer protection act south africa quick consolidation.
Consumer information eaab the estate agency affairs board. The new consumer protection legislation in south africa was. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Feb 01, 2012 landlords ignore the consumer protection act at their own peril. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Protection act cpa with regard to overselling and overbooking.
Home buyers can cut through all the current confusion over the consumer protection act and property sales by insisting on an independent home inspection before they sign an offer. South africas franchise law the consumer protection act. 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. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. Strangely, some commentators have questioned whether the consumer protection act even applies to leases. South africas new consumer protection act aims to provide the consumer with certain rights and protection. The right to return goods applicable sections of the consumer protection act, 68 of 2008. Promote a fair, accessible and sustainable marketplace for consumer products and services.