A consumer includes any business with a total annual turnover that is less than r2 million is also protected. Sep 17, 20 17 september 20 3 august 2015 posted in general legal tips and updates tagged consumer protection, credit, law, refund, return, south africa since the commencement of the consumer protection act, there have been some businesses who have stubbornly resisted compliance with its provisions, for example declaring as a shop policy that no refunds. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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. Instituted in 2009, this legislation ensures the protection of active consumers and makes it a need for businesses to abide by certain guidelines to operate. The consumer protection act your guide to consumer rights.
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. Jun 11, 2014 2 consumer protection act alert 19 may 2014 continued trade descriptions need not be directly applied to goods but can also be attached to the goods, displayed with or in the proximity of the goods or contained in a sign, advertisement, catalogue, invoice, business letter or other similar document. On april the first, south africa will bring in the new consumer protection act that will give the buyer more power and the seller sleepless nights. The new 2019 act has now replaced consumer protection act, 1986. To provide for the legislative protection of investors and the protection and promotion of investment. The new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in.
It has required businesses to change the way in which they interact with consumers and to ensure that all their dealings with consumers are fair, reasonable and honest. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. This act received the assent of the president on the 9th august, 2019. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. Consumer protection act norcaz training academy for all. The consumers right to a refund legal tips and updates. South africa will bring in the new consumer protection act. The right to return goods in terms of section 56 of. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular.
National consumer protection institutions consumer prorection. What are the rights of consumers where there is very apparent fraudulent misrepresentation to. 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. The consumer protection act on the voetstoots clause seesa. The impact of section 22 of the consumer protection act 68 of 2008 on drafting principles in the south africa law of contract by mariska munnik 98028295. Price display of goods or services the consumer protection act. Hub for the latest data and advice on the disease in south africa. Home downloads poor performance employment equity coid uif b bbee.
Up until four years ago, the consumers of south africa were basically left unprotected and vulnerable to exploitation by suppliers of goods and services. Since the consumer protection act cpa came into effect in 2011, it has fundamentally changed the way business is done in south africa. The south african consumer protection act makes use of all these. Every transaction occurring within the republic of south africa promotion. Consumers are entitled to reject goods if they do not. How new protection act affects you south africa news.
The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. Be it enacted by the parliament of the republic of south africa, as follows. Consumer protection act explained south africa news. This page contains information about the consumer protection act, no 68 of 2008 and its history. The consumer protection act has two 2 implementation dates. National credit act 34 of 2005 south african government. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. A transaction between a supplier and a consumer also includes the supply of any goods and services in the. 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. All suppliers of goods and services will need to take note of the new. Right to equality in the consumer market and protection against discriminatory marketing.
Llm in the faculty of law, university of pretoria october 2015. The estate agency affairs board eaab urges consumers to be vigilant when doing property transactions and to always check if the estate agent they are dealing with has a valid fidelity fund certificate that is issued by the board. From april 1 youll be able to walk into a car or motorcycle dealership and play god, watching as salesmen visibly wither under the oppressive glare of the new consumer protection act. It is hereby notified that the president has assented to the following act, which is. To comply with the principles of the act in all our dealings with our customers, whether it be marketing, the sale of goods and after sales service. Jul 10, 2012 the financial services board fsb is an independent institution established by statute to oversee the south african nonbanking financial services industry in the public interest. 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. Consumer protection act 68 of 2008 south african government.
It should be noted that the regulations to be promulgated in terms of the act were not officially published at the time of this publication. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Jan 27, 2011 on april the first, south africa will bring in the new consumer protection act that will give the buyer more power and the seller sleepless nights. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. All of the provisions of the consumer protection act of 2008 cpa or act will come into full force and effect shortly. Legalwise offers assistance and information on the consumer protection act in south africa.
Consumer protection act cpa 02 aug in terms of the consumer protection act cpa section 56 read with section 55, all goods purchased by a consumer are subject to an implied warranty of quality and suppliers can not contract out of this provision. Pdf the consumer protection act 68 of 2008 and procedural. Consumer information eaab the estate agency affairs board. The consumers right to a refund legal tips and updates by. Fundamental rights the consumer protection act south africa the consumer protection act. 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. The fsb is committed to promoting and maintaining a sound financial investment environment in south africa. Every transaction occurring within the republic of south africa promotion or supply of. Price display of goods or services applicable sections of the consumer protection act, 68 of 2008.
Property practitioners act 22 of 2019 english tshivenda. The impact of section 22 of the consumer protection act. 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. 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. Find out how the cpa impacts on your lease agreement. The consumer protection act south africa labour guide. The consumer protection act and your lease agreement. The consumer protection act sept 2010 cover publications.
The impact of section 22 of the consumer protection act 68. Consumer protection act, no 68 of 2008 legal legal and. Unfortunately, we cant help you if you are a consumer in need of protection. Will be in operation upon presidential proclamation 38. 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 ncc reports to the department of trade and industrys the dti entity and oversight unit and to the consumer and corporate regulation division ccrd. When can a consumer return goods under the consumer protection act cpa in south africa. The ncc is established in terms of section 85 of the consumer protection act no. Van schaik bookstore acknowledges and supports the act. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. July 27, 2009 it was reported on july 15, 2009, that a new south african consumer protection law, already passed by parliament and signed into law by the president of the country but not in effect until april 29 of 2010, will provide tools for consumers to reject unwanted sales solicitations by traders and to compel businesses to change such practices. Various communiques pertaining to the consumer act available for download.
The act applies to every transaction within the republic, unless it is exempted by section 5. The impact of section 22 of the consumer protection act 68 of 2008 on drafting principles in the south africa law of contract by mariska munnik 98028295 under the supervision of advocate a nagtegaal submitted in partial fulfilment of the requirements for the degree. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010. In this act accredited consumer protection group means a consumer protection group that has been accredited by the commission in terms of section 78 for the purposes contemplated in that section or elsewhere in this act. Chapters 1 and 5, s 120 and any other provision authorising the minister to make. Legislation to protect consumers against unfair contract terms has long been overdue in south africa.
The new consumer protection legislation in south africa. The consumer protection act and buying defective products. To learn more about the cpa, read our quicklaw guide. The bill of rights enshrines the rights of all south africans including consumer rights. South african consumer service bodies home brand south africa.
Many consumers do not understand the cpa, its purpose. In 2011, the consumer protection act cpa came into effect and the south african consumer saw the dawn of a new era. The national consumer commission guidelines disclosure of price what you see is what you get the purpose of the guidelines is to provide guidance to suppliers on how to conduct a product safety. Pdf consumer protection law in south africa, africa and globally have undergone significant growth in the past ten years. Consumer protection act speak to us know your consumer rights. Thus, the idea of plainer language is neither foreign nor new. Sep 01, 2010 this booklet briefly highlights some aspects of the consumer protection act of 2008 cpa.
The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009 and came into effect on 31 march 2011. Return of goods under the consumer protection act in south africa. This act constitutes an overarching framework for consumer protection, and all other laws which provide for consumer protection usually within a particular sector will need to be read with this act to ensure a common standard of protection. Agents and the consumer protection act industry, news. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Mar 12, 2012 agents and the consumer protection act 12 mar 2012 broekmann says any statement, whether made verbally or in the course of direct marketing or in any marketing literature, has to be totally free of statements that could be deemed to be misleading. New court rules make it harder for repossessed homes to be sold for a pittance. But the act has turned that status quo on its head, giving the consumer the power to decide on the remedy and he or she is backed up by a consumer commission and consumer tribunal which have.