The right to return goods in terms of section 56 of. What are the rights of consumers where there is very apparent fraudulent misrepresentation to. Well, we consume, or come into contact with products countless times every single day. Legalwise offers assistance and information on the consumer protection act in south africa. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in.
Home downloads poor performance employment equity coid uif b bbee. Since the consumer protection act cpa came into effect in 2011, it has fundamentally changed the way business is done in south africa. New court rules make it harder for repossessed homes to be sold for a pittance. Legislation to protect consumers against unfair contract terms has long been overdue in south africa. Fundamental rights the consumer protection act south africa the consumer protection act. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. The act applies to every transaction within the republic, unless it is exempted by section 5. Will be in operation upon presidential proclamation 38. 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.
The consumers right to a refund legal tips and updates by. Consumer protection act speak to us know your consumer rights. The ceo of high flyers property yells at his inhouse legal advisor jack jack. 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. South africa will bring in the new consumer protection act. 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. 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. 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. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Llm in the faculty of law, university of pretoria october 2015. Chapter 1 interpretation, purpose and application of act part a. 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.
The consumer protection act sept 2010 cover publications. The new 2019 act has now replaced consumer protection act, 1986. Van schaik bookstore acknowledges and supports the act. The consumer protection act has two 2 implementation dates. Hub for the latest data and advice on the disease in south africa. 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.
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. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. Sep 01, 2010 this booklet briefly highlights some aspects of the consumer protection act of 2008 cpa. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. The consumer protection act and buying defective products. Right to equality in the consumer market and protection against discriminatory marketing. The south african consumer protection act makes use of all these.
Every transaction occurring within the republic of south africa promotion or supply of. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Up until four years ago, the consumers of south africa were basically left unprotected and vulnerable to exploitation by suppliers of goods and services. 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. National credit act 34 of 2005 south african government. 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. 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.
It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. The consumer protection act on the voetstoots clause seesa. A consumer includes any business with a total annual turnover that is less than r2 million is also protected. How new protection act affects you south africa news.
Property practitioners act 22 of 2019 english tshivenda. Full, systematic and properly written bare act for consumer protection act, 2019. 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 consumer protection act south africa labour guide. 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. 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. This act received the assent of the president on the 9th august, 2019. Pdf consumer protection law in south africa, africa and globally have undergone significant growth in the past ten years. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. National consumer protection institutions consumer prorection. 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. The bill of rights enshrines the rights of all south africans including consumer rights. 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 impact of section 22 of the consumer protection act 68. Consumer protection act explained south africa news. 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. Price display of goods or services the consumer protection act. 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. 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. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Consumer protection act 68 of 2008 south african government. Every transaction occurring within the republic of south africa promotion. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. When can a consumer return goods under the consumer protection act cpa in south africa. Agents and the consumer protection act industry, news.
The impact of section 22 of the consumer protection act. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010. Feb 20, 2014 find out how the cpa impacts on your lease agreement. Unfortunately, we cant help you if you are a consumer in need of protection. It is hereby notified that the president has assented to the following act, which is. 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. A transaction between a supplier and a consumer also includes the supply of any goods and services in the. Be it enacted by the parliament of the republic of south africa, as follows. 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. With acts you are guaranteed the latest and most up to date resource for your legislative needs. 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.
To learn more about the cpa, read our quicklaw guide. Pdf the consumer protection act 68 of 2008 and procedural. The ncc is established in terms of section 85 of the consumer protection act no. Consumer information eaab the estate agency affairs board. 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. 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.
Find out how the cpa impacts on your lease agreement. 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. 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. 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. 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. To provide for the legislative protection of investors and the protection and promotion of investment. Many consumers do not understand the cpa, its purpose. Price display of goods or services applicable sections of the consumer protection act, 68 of 2008. 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. South african consumer service bodies home brand south africa.
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. Various communiques pertaining to the consumer act available for download. 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. Consumer protection act, no 68 of 2008 legal legal and. 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. Consumer protection act norcaz training academy for all. In 2011, the consumer protection act cpa came into effect and the south african consumer saw the dawn of a new era. 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. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Thus, the idea of plainer language is neither foreign nor new. The fsb is committed to promoting and maintaining a sound financial investment environment in south africa.