Lawyers network provides online legal help south africa. The right to return goods in terms of section 56 of. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. 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. Resolving consumer goods disputes effectively and independently. National consumer commission form complaint section 711. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Unless otherwise provided by another law, traders and service providers. The consumer protection act and buying defective products. An overview of promotional activities in terms of the consumer protection act in south africa 2015 sa merc lj 441 jacolien barnard senior lecturer, department of mercantile law, university of pretoria tshepiso scott candidate attorney, cliffe dekker hofmeyr attorneys, johannesburg i introduction. The consumer protection act 68 of 2008 and procedural fairness in. The consumers right to a refund legal tips and updates by. This act shall be cited as the consumer protection act.
Suppliers misled consumers about the quality of their goods or services, or offered goods or services on unreasonable terms and conditions, leaving the consumer with no remedy in the event of a problem occurring with these goods or services. Since the coming into operation of the consumer protection act 68 of 2008 cpa, there has been much interest on the position of the infamous voetstoots clause in relation to the cpa. Section 49 of the cpa provides that a provision of an agreement that limits the risk or liability of the supplier. 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. 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. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. The consumer protection act aims to promote consumer activism, by making provision for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers, as well as making available support for activities, such as consumer advice, education, publications, research and alternative dispute resolution through mediation or. It is really important because the cpa has a big influence on the lease and changes the legal position. Cpa the right to return goods the consumer protection act.
Ecta, it extends consumer protection to legal persons with an annual turnover of less than r2 million section 1 definition of consumer. The consumer protection act and your lease agreement. The consumers right to a refund legal tips and updates. Mr ceo barks at jack jack lets cut to the chase how is that research coming on the consumer protection act cpa. 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. Universities south africa is of the view that compliance with the. Section 49 of the consumer protection act cpa is also an important section for landlords to take note of. The consumer protection act regulates the relationship between a consumer and a supplier and will apply to any agreement for the supply of goods and services. Like ecta, the cpa provides that any contractual provisions which. Every transaction occurring within the republic of south africa promotion or supply of any. Consumer protection act its impact on lease agreements. It is hereby notified that the president has assented to the following act, which is hereby published for general information.
While eskom might ordinarily have been liable in these circumstances under the common law on the basis of negligence, what was exceptional in this instance was that the court found that eskom was strictly liable in terms of the consumer protection act the cpa pursuant to the provisions of section 61 of the cpa. 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. Section 14 2 of the cpa addresses cancellation of fixedterm contracts prior to expiry. Consumer protection act, no 68 of 2008 legal legal and.
South africas new consumer protection act aims to provide the consumer with certain rights and protection. Seesa skills training the comprehensive training solution to your company seesa skills training offers 25 unlimiteduse. A consumer is any person to whom goods or services are marketed or supplied to in the ordinary course of business. Unfortunately, we cant help you if you are a consumer in need of protection. 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. Van schaik bookstore acknowledges and supports the act. Cliffe dekker hofmeyr the infamous voetstoots and its. Many of you may be wondering about the implication of the new consumer protection act the act on your lease agreement, whether landlord or tenant. Consumer protection act consumer goods and services ombud. The office of the consumer goods and services ombud cgso is the consumer goods and services industrys compulsory ombud scheme, set up in line with the consumer protection act.
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. Section 8 which lists various forms of unfair discrimination is analysed and. Section 42b of the south african consumer protection act 68 of 2008. Strict liability under 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. When can a consumer return goods under the consumer protection act cpa in south africa. Challenges and opportunities for furniture retailers in cape town. Seesa professional legal support for your business. Feb 20, 2014 mr ceo barks at jack jack lets cut to the chase how is that research coming on the consumer protection act cpa. Consumer protection act south africa national debt. Chapters 1 and 5, s 120 and any other provision authorising the minister to make. In recent years, the south african government passed the consumer protection act and a number of associated regulations into law in terms of which consumers enjoy extraordinary protection against. 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. Cpa means the consumer protection act, 2008 act no.
The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. The consumer protection act heralds a bold new approach to protecting the south african consumer in which the state has levelled the playing field and created an agency, the national consumer commission, a regulatory framework which intervenes directly in day to day commercial transactions to ensure compliance by service providers and suppliers. The cgso enforces the consumer goods and services industry code of conduct by receiving and dealing. It is important to note that the act only applies to leases entered into after 1st april 2011. The cgso may consider a complaint brought by or on behalf of the consumer who is. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated. Every transaction occurring within the republic of south africa promotion or supply of. Return of goods under the consumer protection act in south africa. The five instances where a consumer may return goods to the supplier are. Section 69 of the consumer protection act, no 68 of 2008 cpa sets out a variety of statutory remedies for the enforcement of consumer rights under the cpa.
Court of justice ecj found in october 2015 that the presumption of adequacy under safe. The general view is that one would no longer be able to include a voetstoots provision in contracts if the transaction falls within the protection of the cpa. An overview of promotional activities in terms of the. 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 cpa does not apply to all lease agreements or rental agreements. Consumer protection acts the consumer protection act 9 or zoos, lst june, 2005.
The national consumer protection act western cape government. Direct marketing in terms of the consumer protection act. Constitution of the republic of south africa, 1996 act no. Pdf in general, the concept contractual fairness can be narrowed down, described and analysed. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. The right to return goods applicable sections of the consumer protection act, 68 of 2008. This act may be cited as the consumer protection act.
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. Suppliers must extend fixedterm agreements on a monthto. Direct marketing and the consumer protection act legalwise. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The south african national consumer protection act cpa came into effect on 1 april 2011. 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. The act introduced some important changes to the law governing lease agreements when it came into operation on the 1st april 2011. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Consumer rights how and where to file complaints south africa. These include filing a complaint with the national consumer commission commission, referring a dispute to the consumer tribunal tribunal or approaching an industry ombud. It applies only to transactions occurring in south africa section 5.
Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. This act determines the rights of the consumers and the protection of these rights. In new zealand and south africa, consumer protection. An incidental mandate, though not stipulated in the namfisa act, is to protect the interests of the users of financial services and to ensure the financial soundness of the nonbanking financial industry. The consumer protection act your guide to consumer rights. International consumer protection federal trade commission. Enforcement agencies can use those complaints to investigate fraud. Provision of consumer protection act or regulations promulgated under it or code contravened if known name of company or person against whom complaint is made address of company or person against whom complaint is made short description of complaint details of steps taken to resolve the complaint list of documents relevant to. Chapters 1 and 5, s 120 and any other provision authorising the minister to make regulations and sch 2 in terms of sch 2, item 21. The cgso enforces the consumer goods and services industry code of conduct by receiving and dealing with consumer goods complaints by a consumer free of charge and. 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. Seesa profile a unique employee management software system profile increases your chance of winning ccma cases by 50% when you implement the software in your business guiding you through all misconduct procedures. Consumer protection is not a new concept in south africa and various. This provision allows the consumer to cancel a contract by giving the supplier 20 business days notice in writing or other recorded manner and form, please take note of the requirement that a cancellation must be in writing or a recorded form.
We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. 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. Consumer protection consumer law bregman moodley attorneys. The gauteng high court, in the recent case of halsteadcleak v eskom holdings limited 2015 jol 33332. Consumer protection act 68 of 2008 south african government. A consumers fundamental right to equality in terms of the. In new zealand and south africa, consumer protection was directly. Assent 26th may, 2006 commencement 1st july, 2006 1. The consumer protection act does not apply to all lease. It is the first time in the history of consumer law in south africa that the right to.
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