South african consumer protection act pdf

The act only applies to contracts signed after 1 april, and wont affect anything signed before then. The south african national consumer protection act cpa came into effect on 1 april 2011. Strengthening consumer protection in the south african microinsurance market in support of the microinsurance networks min consumer protection task force cptf, to contribute to the effective implementation of consumer protection in microinsurance. 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. Before the passing of the act in 2009, consumer protection in south africa was not sufficiently regulated. Consumer protection act the banking association south africa. The consumer protection act in practice a case study seesa. Consumer protection act, no 68 of 2008 legal legal and. Nhbrc is responsible for protecting consumers in terms of the housing consumers protection measures act, 1998 act no. The impact of the consumer protection act on insurance.

The common law position has been amended by the consumer protection act cpa, 68 of 2008 but because of the scope of its application, many sale agreements will fall outside the ambit of the cpa. 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. December, 1986 an act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith. On 1 april 2011, the south african national consumer protection act, 68 of 2009, came into effect. Consumers must be protected against flaws or hidden dangers in products or services. The national consumer protection act western cape government. When can a consumer return goods under the consumer protection act cpa in south africa. This will bring south africa in line with foreign jurisdictions in regard to medical liability, specifically in respect of exclusionary clauses in hospital contracts. Every transaction occurring within the republic of south africa promotion or supply of any goods and.

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. Dr rob davies, minister of the department of trade and industry, in terms of and under section 120 1 of the consumer protection act, 2008 act 68 of 2008, read together with the respective sections indicated in the regulations set out in the schedule hereto and below, do hereby make the regulations set out in the schedule hereto and issue the attached notices in terms of the respective. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. The law of contract, the consumer protection act and medical. But it is important to rember that it is not yet in effect we are waiting for the. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated.

The five instances where a consumer may return goods to the supplier are. 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. Goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act. The impact of section 22 of the consumer protection act 68. The right to return goods applicable sections of the consumer protection act, 68 of 2008.

The consumer protection act outlines key consumer rights, including the right to. Consumer complaints south africa consumer rights and. In india, consumer protection act of 1986 is the law governing. 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. This page contains information about the consumer protection act, no 68 of 2008 and its history. Consumer rights of the elderly as vulnerable consumers in. Please note that most acts are published in english and another south african official language. The consumer protection act cpa aims to promote fairness, openness and good business practices between suppliers of goods and services and consumers of these goods and services. The consumer protection act south africa labour guide. Consumer protection law conference changing the consumer protection landscape in 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. Popia is essentially the south african data protection bill or data protection act. 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.

Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. The consumer protection act cpa not only has socioeconomic consequences, but more specifically, impacts on the insurance industry in a major way. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. Cpa the right to return goods the consumer protection act. The protection of personal information act called the popi act or popia brings an end to the uncertainty regarding the law on the use and processing of personal information. Consumers have the right to be heard on issues, policies, plans, programmes and decisions which affect them. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Oct 27, 2016 i have been asked the following questions on numerous occasions. 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.

It is hereby notified that the president has assented to the following act, which is hereby published for general information. The consumer protection act applies to the following. Interpretation part b purpose, policy and application of act 3. Consumer protection act 68 of 2008 southern african legal. Return of goods under the consumer protection act in south africa. The consumer protection act and five common law principles. The consumer protection act it is likely that the cpa will entirely abrogate the principles laid down by the sca in the afrox case.

Consumer protection law in south africa, africa and globally have undergone significant growth in the past ten years. Importantly, and for the first time in the history of south african law, the consumer is provided with eight core fundamental consumer rights. Jan 29, 2018 a consumer is someone who can make the decision whether or not to purchase an item at the store, and someone who can be influenced by marketing and advertisements. Consumer protection act regulations as published 220kb pdf. In evaluating the provisions of the cpa, it is necessary to take notice of the malpractices it seeks to address. In recent years, the south african government passed the consumer protection act and a number of associated regulations into law in terms of which consumers enjoy extraordinary protection against. It repeals much of the merchandise marks act, the business names act, the price control act, the trade practices act and the consumer affairs act to name a few. The consumer protection act in practice a case study section 61 of the consumer protection act 68 of 2008 cpa which deals with strict liability forms the centre of this matter an appeal case from the gauteng division of the high court of south africa to the supreme court of appeal of south africa.

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 cpa is the result of the department of trade and industry. 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. Consumer protection act southern african legal information. Consumer rights how and where to file complaints south africa. The consumer protection act on the voetstoots clause seesa.

The consumer protection act your guide to consumer rights. The consumer protection act affects a wide range of consumers and transactions. In such instances, the common law position prior the commencement of the cpa will remain. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. E it therefore enacted by the parliament of the republic of south africa, as follows. Assent 26th may, 2006 commencement 1st july, 2006 1. The definition of a consumer includes not only the person either a natural or juristic person to whom goods or services are promoted or supplied, but also the actual user of the goods or the recipients or beneficiary of the services. Promotion or supply of any goods and services occurring within the republic. Be it therefore enacted by the parliament of the republic of south africa, as follows. The consumer protection act no 68 of 2006 cpa is the legislative instrument governing liability in respect of defective or unsafe goods and general consumer protection.

Unfortunately, we cant help you if you are a consumer in need of protection. The consumer protection act 68 of 2008 cpa has had significant impact on the. The consumer protection act 68 of 2008 gallagher estate, 4 to 5 march 2010. 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. You should not rely solely on the content of this brochure, but rather seek the advice of your. 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. Consumer protection act 68 of 2008 south african government. Section 61 of the cpa deals with liability for damages.

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