That it is desirable to promote an economic environment that supports. The executive summary of the green paper noted that, south africa s system of consumer law is outdated, fragmented and predicated on principles contrary to the democratic system. What do you mean you dont know whether the consumer protection act cpa which commenced on 1 april 2011 applies to our 20 000 lease agreements that we had running when the cpa started. The cpa applies to an agreement concluded between a consumer and supplier in the ordinary course of business. S 15, 23 the provisions relating to price display do not apply to transactions where the supplier has provided an estimate to the consumer or where the consumer has declined the offer of an estimate. Consumer protection act regulations for direct marketing. This act constitutes an overarching framework for consumer protection. Legal matters an overview of the south african consumer. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010. There are a number of innovative consumer protection mechanisms in the cpa which are revolutionary in nature.
As of the 1st of april 2011, south african consumers became some of. Mexico, saudi arabia, singapore, south africa, south korea and usa in 2016. 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. This was the finding of the supreme court of appeal in eskom holdings limited v halstead. South africa s legislature has initiated this regulation through the consumer protection act, no 68 of 2008 the cpa, which was signed into law on 24 april 2011.
Be it enacted by parliament in the sixtysecond year of the republic of india as follows. Section 14 of the consumer protection act no 68 of 2008, cpa, which relates to the expiry and renewal of fixed term agreements, reads as follows. Minister mthembu to meet with stats council amid funding concerns. The application of the consumer protection act in the. A guide to developing consumer protection law, 2011. 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 application of the consumer protection act in the south. Consumer protection act, no 68 of 2008 cpa, in april 2011 not only dramatically changed the legal landscape for the conduct of business with consumers, but also in respect of marketing to consumers and for businesses involved in manufacturing consumer goods, even if those businesses dont deal with end consumers. Jan 25, 2017 the consumer protection act, cpa, which came into effect on 1 april 2011 includes the regulation of goods and services with actual or potential environmental andor health impacts. Keep the consumer protection act in mind when facilitating promotional competitions.
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. What the new consumer protection act will not cover. Todays epaper click to subscribe the namibian, thursday. Cross border health care in the european union whoeurope. Consumer protection act explained south africa news.
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. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. The full impact of the cpa is set to be massive but stands to be developed to the full in time. I maintain deferment granted in march 2011 in relation to sections 8 to 10 and sections 53 to 61 of the consumer protection act in respect of medium capacity municipalities until 31 december 2012, subject to. Interpretation part b purpose, policy and application of act 3. Consumer complaints south africa consumer rights and. The impact of section 22 of the consumer protection act 68. It is bordered by the democratic republic of the congo to the north, the united republic of tanzania to the northeast, malawi to the east, mozambique to the south east, zimbabwe. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Return of goods under the consumer protection act in south.
The national consumer protection act western cape government. Section 61 cpa liability only attaches to a supplier consumer relationship. It is hereby notified that the president has assented to the following act, which is. Consumer protection act the banking association south africa. Cliffe dekker hofmeyr franchise agreements and the. On 1 april 2011, the south african national consumer protection act, 68 of 2009, came into effect.
An agreement reduced to writing and signed by the parties has been affected by the introduction of the consumer protection act 68 of 2008 cpa, which has as its main objective the protection of consumers while establishing duties for suppliers in respect of a. Aifmd alternative investment fund managers directive 201161eu. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. Jul 10, 2012 south african national consumer union sancu is a voluntary independent body that represents millions of consumers. With acts you are guaranteed the latest and most up to date resource for your legislative needs. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Dummies guide to the consumer act south africa news. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. It therefore applies to services rendered by attorneys. Notice in terms of section 673 of the competition act, 2003. The south african national consumer protection act cpa came into effect on 1 april 2011.
Welcome to the official south african government online. The consumer protection act 68 of 2008,1 which recently came into effect in south africa, applies to every transaction occurring within south africa the authors are very grateful to hanri du pl essis from the departme nt of jurisprudence, unisa, for her valuable comments on the final draft of the article. Consumer protection relevant legislation there are several pieces of legislation that contain consumer protection provisions that are applicable to electronic contracts. The right to return goods in terms of section 56 of. The protection of personal information bill is in its fifth draft having last been debated by the committee of parliament on 10 october 2011. A consumer buys or uses goods, or receives services from a supplier. Its membership extends from the grassroots organisations, such as the womens agricultural unions and the national council of women of south africa, to influential bodies such as democratic nursing organisation and the. E it therefore enacted by the parliament of the republic of south africa, as follows. From 1 april 2011, the consumer protection act cpa provides protection to these consumers against such suppliers. South african consumer service bodies home brand south africa. The people of south africa recognisethat apartheid and discriminatory laws of the past have burdened the nation with unacceptable high levels of poverty, illiteracy and other forms of social and economic inequality. Extract from south africa s new consumer protection act of april 2011, particularly dealing with regulations on the consumer s right to restrict unwanted direct marketing, and the prohibited time for contacting consumers. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. In with the consumer protection act and out with a shove of the foot just a spoonful of sugar.
The impact of the consumer protection act on pharmacists du. Welcome to the official south african government online site. The designation employed and the presentation of material on any map in this work do not imply the expression. The primary objective of the consumer protection act is to establish consumer. 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. The consumer protection act your guide to consumer rights. 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. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. Consumer protection independent communications authority. World health organization 2011, on behalf of the european observatory on health.
The level of analysis has its limitations too, and so does the mapping of national. This right includes the consumer s right to preemptively block any impersonal approach or communication from direct marketers. When can a consumer return goods under the consumer protection act cpa in south africa. Cpa the right to return goods the consumer protection act.
The more vulnerable consumers, the more protection. 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. Section 14 of the consumer protection act a property. Unfortunately, we cant help you if you are a consumer in need of protection. The consumer protection act has two 2 implementation dates. 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 obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. Voetstoots this note is provided by the office of the consumer goods and services ombudsman to guide suppliers and consumers of their rights and obligations under the consumer protection act cpa with regard to voetsoots clauses in contracts. Consumer information eaab the estate agency affairs board. The impact of the consumer protection act on pharmacists. 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. Consumer protection act 68 of 2008 south african government. Section 56 imposes an implied warranty that all goods sold comply with the requirements listed in section 55, and the supplier must, at the direction of the consumer, either.
With franchises becoming a common phenomenon worldwide, regulation of the industry has become inevitable. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. 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. How counterfeiters are using the covid19 pandemic to their benefit. This act may be cited as the companies act, 2011, and shall come into operation on such a date as the minister may, by notice published in the gazette, appoint. The act sets out the minimum requirements to ensure adequate consumer protection in south africa.
Consumer protection act, no 68 of 2008 legal legal and. The act provides for the creation of a national consumer commission which will ensure compliance and support consumer protection groups. Price display of goods or services applicable sections of the consumer protection act, 68 of 2008. South africa and global insurance, financial institutions, banking and general law. Every transaction occurring within the republic of south africa promotion or. It is intended to protect the vulnerable consumer, and thus.
Consumer protection is important in every market, particularly in the south african context. The consumer protection act, no 68 of 2008 cpa, which came into force in april 2011, dramatically changed the legal landscape for conducting business with consumers, marketing to consumers and businesses involved in manufacturing consumer goods, even if those businesses dont deal with end consumers. The right to return goods applicable sections of the consumer protection act, 68 of 2008. Johannesburg the new consumer protection act will be implemented on april 1 2011, but some consumers are under the. Section 61 cpa liability only attaches to a supplier. This publication provides essential commentary to the legislation and case law, highl. The consumer protection act, cpa, which came into effect on 1 april 2011 includes the regulation of goods and services with actual or potential environmental andor health impacts. Consumer protection law in south africa second edition. The consumer protection act and five common law principles.
Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The ceo of high flyers property yells at his inhouse legal advisor jack jack. All suppliers of goods and services will need to take note of the new measures and ensure that they are able to comply. The consumer protection act and your lease agreement. I was talking to a group of high school kids about the consumer protection act at the invitation of their business studies teacher. Return of goods under the consumer protection act in south africa. Feb 20, 2014 find out how the cpa impacts on your lease agreement. Protection in africa and 2011, a guide to developing. Role of supreme court under the cpa act with resent cases sitemap. Constitution means the constitution of the republic of south africa, 1996 consumer. 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. Consumer protection act, 2008 notes on the guide to consumer protection act no 68 of 2008 2 1. Namibia can also develop its consumer protection and ensure some level of responsibilities to institutions concerned on consumer matters. Price display of goods or services the consumer protection act.