National consumer protection institutions consumer prorection. The five instances where a consumer may return goods to the supplier are. In both instances, the right to privacy is limited, and to prove an. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. The mfrc was set up to control registered micro lenders in the micro lending industry in south africa. Traditionally, franchisors had the strongest bargaining position when negotiating franchise agreements. Within the spectrum of both commercial law and consumer law, there exist a variety of roles which are undertaken by participatory individuals and groups operating. There are a number of innovative consumer protection mechanisms in the cpa which are revolutionary in nature. Unsafe or defective goods may be returned for a repair, replacement or refund within 6 months of delivery.
Click here to access a pdf version of the consumer protection act 356 kb. The consumer protection act your guide to consumer rights. Various communiques pertaining to the consumer act available for download. The consumer protection act 68 of 2008 cpa seeks to regulate such communication by advertisers by empowering the consumer to restrict unwanted direct marketing. Pdf the consumer protection act of south africa keagan. Prior to the consumer protection act, no 68 0f 2008 cpa which came into effect at midnight on the 31 st march 2011.
As of the 1st of april 2011, south african consumers became some of the most protected in the world. 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. Consumer rights how and where to file complaints south africa. The consumer protection act on the voetstoots clause seesa. What is the law regards data privacy or data protection in south africa. There will often be more than one supplier responsible for a particular product.
Every transaction occurring within the republic of south africa promotion or supply of any goods and. Jun 25, 20 as of the 1st of april 2011, south african consumers became some of the most protected in the world. This is due to the implementation of extremely progressive legislation. Suppliers include manufacturers, importers, distributors and retailers. 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. If the decision to decline the consumers request is based on an unfavourable. The right to return goods applicable sections of the consumer protection act, 68 of 2008. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. Consumer protection act, 2008 notes on the guide to consumer protection act no 68 of 2008 2 1. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009.
Consumer protection act 68 of 2008 south african government. These two acts were replaced by the national credit act, which codified several basic rights that the consumer has with regard to the credit market. The national consumer protection act western cape government. The consumer protection act applies to the following. This council has gained the powers to do so in terms of the exemption notice of of the usury act, 1968 from law created by minister of trade and industry. The consumer protection act define a consumer as any person to whom goods and services are marketed, who is a user of the suppliers goods, enters into a transaction with the supplier or service provider of any services and products.
The cpa requires the seller to stand good for the reasonable durability of the vehicle for a period of 6 months. Cliffe dekker hofmeyr franchise agreements and the consumer. The impact of section 22 of the consumer protection act 68. Be it therefore enacted by the parliament of the republic of south africa, as follows. The consumer protection act in practice a case study seesa. It is because there is expectation and trust on the part of the. 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. You should not rely solely on the content of this brochure, but rather seek the advice of your. Interpretation part b purpose, policy and application of act 3. Goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act. E it therefore enacted by the parliament of the republic of south africa, as follows.
The matter is still under consideration of honble supreme court pending for final. Return of goods under the consumer protection act in south africa. The cgso may consider a complaint brought by or on behalf of the consumer who is. Fundamental rights the consumer protection act south africa the consumer protection act. In south africa there are many regulations which relate to the production, marketing and labelling of food to protect the consumer. Every transaction occurring within the republic of south africa. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act the act is not applicable in respect of. National credit act the banking association south africa. Cpa the right to return goods the consumer protection act. While the act details fundamental consumer rights, there is no equivalent provision for suppliers, be they producers, distributors or retailers.
This act constitutes an overarching framework for consumer protection, and all other laws which provides. A case study of retail companies in kwazulu natal is my own work and that all sources quoted have been acknowledged by complete references. 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. Assent 26th may, 2006 commencement 1st july, 2006 1. The supreme court held that electricity is a services within the meaning of services as envisaged under c. These regulations may be cited as the consumer protection control of imports regulations 2017. The consumer protection act no 68 of 2008 cpa and the common law. Modern day advances in technology allow consumers to be contacted anytime day or night via email, sms and telephone calls. 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. A consumer protection act is piece of legislation that is passed with regard to the provision and administration of protecting the rights of consumers within a country or nation. When can a consumer return goods under the consumer protection act cpa in south africa. Promotion or supply of any goods and services occurring within the republic. It is important to understand the difference between wear and tear and defects. Before june 2006, credit law in south africa was governed by the usury act 73 of 1968 and the credit agreements act 75 of 1980.
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. I, nathan chirwa declare that the work compliance with the consumer protection act in south africa. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. South africas 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. The act intends to regulate the marketing of goods and services to consumers as well as the relationships, transactions, advertisements and agreements between. 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. Individual suppliers are responsible for the investigation and rectification of safety related hazards in products that they supply. The consumer protection price and supplies control act regulations made by the minister under section 35 of the consumer protection price and supplies control act 1. 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. This work has not and will not be presented for the award of any degree at another university. But what does it all really mean for consumers, how does it affect consumers and why should consumers be aware of the laws relating to food labelling. The consumer protection act 68 of 2008 cpa, which came into effect on 1 april, will affect existing and new franchise agreements and will significantly impact on the franchise industry. The south african national consumer protection act cpa came into effect on 1 april 2011. Tyres, exhausts, brakes, clutch, etc, would be wear and tear, whereas a gear suddenly jumping out would be a. Dec 22, 2019 a consumer protection act is piece of legislation that is passed with regard to the provision and administration of protecting the rights of consumers within a country or nation. The consumer protection act 68 of 2008 south africa a. The act has a very wide application and manufacturers, importers, retailers, distributors, agents and marketers should be conscious of the fact that the act applies not only to the provision but also to the promotion and marketing i. 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. Labelling food facts food advisory consumer service.
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