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. Consumer protection act southern african legal information. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. Consumer protection act regulations as published 220kb pdf. 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. 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. Return of goods under the consumer protection act in south africa. The consumer protection act and five common law principles. The consumer protection act your guide to consumer rights.
The five instances where a consumer may return goods to the supplier are. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. 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. Consumer protection act the banking association 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 consumer protection act it is likely that the cpa will entirely abrogate the principles laid down by the sca in the afrox case. Consumers have the right to be heard on issues, policies, plans, programmes and decisions which affect them. The consumer protection act 68 of 2008 gallagher estate, 4 to 5 march 2010. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. The consumer protection act affects a wide range of consumers and transactions. 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.
This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. 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. Interpretation part b purpose, policy and application of act 3. 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. Consumer rights of the elderly as vulnerable consumers in. Consumer protection law conference changing the consumer protection landscape in south africa. In evaluating the provisions of the cpa, it is necessary to take notice of the malpractices it seeks to address. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated. The act provides for the creation of a national consumer commission which will ensure compliance and support consumer protection groups. 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. The consumer protection act applies to the following.
Goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act. Consumer protection act 68 of 2008 southern african legal. 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. The cpa further provides special protection to a particular type of consumer which is the vulnerable consumer and includes elderly consumers. Popia is essentially the south african data protection bill or data protection act. Consumer protection discussion document lrdc29 windhoek, namibia july 2014 issn 10268405. Consumer rights how and where to file complaints south africa. The national consumer protection act western cape government. 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. The consumer protection act outlines key consumer rights, including the right to. The south african national consumer protection act cpa came into effect on 1 april 2011.
It is hereby notified that the president has assented to the following act, which is hereby published for general information. The law of contract, the consumer protection act and medical. In such instances, the common law position prior the commencement of the cpa will remain. Legal matters an overview of the south african consumer. 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. E it therefore enacted by the parliament of the republic of south africa, as follows. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Nhbrc is responsible for protecting consumers in terms of the housing consumers protection measures act, 1998 act no. 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. Consumer complaints south africa consumer rights and. The consumer protection act cpa not only has socioeconomic consequences, but more specifically, impacts on the insurance industry in a major way. The act sets out the minimum requirements to ensure adequate consumer protection in south africa.
In india, consumer protection act of 1986 is the law governing. On 1 april 2011, the south african national consumer protection act, 68 of 2009, came into effect. Section 61 of the cpa deals with liability for damages. In the past, people have not always been protected against the suppliers of goods or services. 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. Every transaction occurring within the republic of south africa promotion or supply of any goods and. Every transaction occurring within the republic of south africa. The cpa is the result of the department of trade and industry. 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 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. Consumer protection act, no 68 of 2008 legal legal and. This will bring south africa in line with foreign jurisdictions in regard to medical liability, specifically in respect of exclusionary clauses in hospital contracts. 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. 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 impact of the consumer protection act on insurance. 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 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 impact of section 22 of the consumer protection act 68. 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. Please note that most acts are published in english and another south african official language. You should not rely solely on the content of this brochure, but rather seek the advice of your. Assent 26th may, 2006 commencement 1st july, 2006 1. Before the passing of the act in 2009, consumer protection in south africa was not sufficiently regulated.
Consumer protection law in south africa, africa and globally have undergone significant growth in the past ten years. The consumer protection act on the voetstoots clause seesa. The consumer protection act south africa labour guide. Cpa the right to return goods the consumer protection act. The consumer protection act 68 of 2008 cpa has had significant impact on the. When can a consumer return goods under the consumer protection act cpa in south africa.
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. Importantly, and for the first time in the history of south african law, the consumer is provided with eight core fundamental consumer rights. Consumers must be protected against flaws or hidden dangers in products or services. Oct 27, 2016 i have been asked the following questions on numerous occasions. 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. But it is important to rember that it is not yet in effect we are waiting for the. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. Promotion or supply of any goods and services occurring within the republic. The right to return goods applicable sections of the consumer protection act, 68 of 2008. The consumer protection act in practice a case study seesa.1504 158 1106 988 1194 898 1027 606 349 1325 956 1430 1452 949 657 1228 552 1223 729 467 241 877 928 1300 1501 376 1376 805 768 971 451 612 1256 9 912