We have 40 years legal experience on how to comply with the cpa to protect the consumer. In with the consumer protection act and out with a shove of the foot just a spoonful of sugar. The consumer protection act 68 of 2008 gallagher estate, 4 to 5 march 2010. In evaluating the provisions of the cpa, it is necessary to take notice of the malpractices it seeks to address. 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.
Return of goods under the consumer protection act in south. Pdf the consumer protection act of south africa keagan. The promulgation of the consumer protection act, 68 of 2008 on 1 april 2011, consumer law has suddenly become a new headache for businesses and they had to make a lot of adaptions to operate within the specific act. The consumer protection act on the voetstoots clause 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. In south africa there is no single food law which can be referenced to determine compliance with the law and for each product one or more of the foodstuffs, cosmetics and disinfectants act, agricultural products standards act, meat safety act, and the consumer protection act can be relevant. This act constitutes an overarching framework for consumer protection, and all other laws which provides. Jul 10, 2012 but south african consumers rights are protected by law, which means they can demand redress. How counterfeiters are using the covid19 pandemic to their benefit. 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. Be it therefore enacted by the parliament of the republic of south africa, as follows.
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. Consumer protection act south africa national debt advisors. To learn more about the cpa, read our quicklaw guide. This page contains information about the consumer protection act, no 68 of 2008 and its history.
Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. Oct 27, 2016 i have been asked the following questions on numerous occasions. Genetically modified organisms i, dr rob davies, the minister of trade and industry hereby, in terms of section 1201 of the consumer protection act, 2008 act no. The information contained herein is a summary of some of the key aspects of the consumer protection act, 68 of 2008 hereinafter referred to as the act, and the regulations, and is issued to clients as a general overview thereof. Legalwise offers assistance and information on the consumer protection act in south africa. National consumer protection institutions consumer prorection. For the reasons set out above, and to give effect to the international law obligations of the republic, a. Interpretation part b purpose, policy and application of act 3.
This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. The south african national consumer protection act cpa came into effect on 1 april 2011. The impact of the consumer protection act on insurance. The national consumer protection act western cape government. 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 right to return goods in terms of section 56 of. On 1 april 2011, the south african national consumer protection act, 68 of 2009, came into effect.
When can a consumer return goods under the consumer protection act cpa in south africa. Consumer protection act, no 68 of 2008 legal legal and. E it therefore enacted by the parliament of the republic of south africa, as follows. The consumer protection act applies to every transaction, promotion or supply of any goods and services occurring within of south africa. Consumer complaints south africa consumer rights and. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. A consumer includes any business with a total annual turnover that is less than. 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. There are a number of sections in the consumer protection act. 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. Every transaction occurring within the republic of south africa. The right to return goods applicable sections of the consumer protection act, 68 of 2008. 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. Before the passing of the act in 2009, consumer protection in south africa was not sufficiently regulated.
The consumer protection act on the voetstoots clause seesa. By law, south african consumers have the right to be heard, to safety, to redress, to be informed, to choice, to consumer education, to the satisfaction of basic needs, and to a healthy environment. The primary objective of the consumer protection act is to establish consumer rights and provide free, effective and efficient enforcement of those rights through the establishment of the national consumer commission ncc. 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. Keep the consumer protection act in mind when facilitating promotional competitions. You should not rely solely on the content of this brochure, but rather seek the advice of your. Fundamental rights the consumer protection act south africa the consumer protection act.
South african consumer service bodies home brand south africa. The consumer protection act applies to the following. The consumer protection act is a distinct field of law and the concept is still relatively new in south africa. Cancelling a fixed term contract the consumer protection act. When can you return damaged or defective goods or items. The consumer protection act your guide to consumer rights. Consumer protection act 68 of 2008 south african government. Consumer protection act the banking association south africa.
Modern day advances in technology allow consumers to be contacted anytime day or night via email, sms and telephone calls. The right to privacy is protected in terms of the common law and the constitution. 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. What is the law regards data privacy or data protection in south africa. Consumer protection law conference changing the consumer protection landscape in south africa. The consumer protection act cpa not only has socioeconomic consequences, but more specifically, impacts on the insurance industry in a major way. Return of goods under the consumer protection act in south africa. Consumer protection act regulations as published 220kb pdf. The act sets out the minimum requirements to ensure adequate consumer protection in south africa.
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