The south african national consumer protection act cpa came into effect on 1 april 2011. Airlink is bound by the provisions of the consumer protection act, 68 of 2008. Welcome to the official south african government online site. Legalwise offers assistance and information on the consumer protection act in south africa. Cancelling a fixed term contract the consumer protection act. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. 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. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. 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. 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. Welcome to the official south african government online. The consumer protection act and your lease agreement. 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 right to return goods applicable sections of the consumer protection act, 68 of 2008. What is the law regards data privacy or data protection in south africa. Cliffe dekker hofmeyr the infamous voetstoots and its. This page contains information about the consumer protection act, no 68 of 2008 and its history. The full impact of the cpa is set to be massive but stands to be developed to the full in time. Feb 20, 2014 find out how the cpa impacts on your lease agreement. Consumer protection consumer law bregman moodley attorneys. Notice in terms of section 673 of the competition act, 2003. 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.
Interpretation part b purpose, policy and application of act 3. Van schaik bookstore acknowledges and supports the act. Jul 10, 2012 but south african consumers rights are protected by law, which means they can demand redress. There are a number of sections in the consumer protection act. Apr 19, 2020 aboutwhat you should dohow long does it takehow much does. Consumer protection act, 2008 notes on the guide to consumer protection act no 68 of 2008 2 1. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. The right to return goods in terms of section 56 of. It is intended to protect the vulnerable consumer, and thus.
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 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. The impact of section 22 of the consumer protection act 68. Africa is a continent of 56 countries, with diverse demographics, a mix of evolving regulations and prospects for unprecedented growth. 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 protection of personal information act 4 of 20 popia has been enacted, but only certain provisions are in effect at this time, with remaining provisions expected to take effect in 2020. Consumer rights how and where to file complaints south africa. 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. Some transactions with government can be completed online. Well, we consume, or come into contact with products countless times every single day. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury.
How counterfeiters are using the covid19 pandemic to their benefit. Cpa the right to return goods the consumer protection act. The national consumer protection act western cape government. The consumer protection act your guide to consumer rights. To learn more about the cpa, read our quicklaw guide. While not fully in effect, popia is generally regarded as being a codification of the current common law position in south africa.
By law, south african consumers have the right to be heard, to safety, to redress, to be informed, to choice, to consumer education, to the satisfaction of basic needs, and to a healthy environment. 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. If a person is of the belief that a supplier has breached the consumer protection act in respect of direct marketing she may lodge a complaint with the supplier, or lodge a complaint with a complaints body, such as an ombudsman, the national consumer commission and so on, for investigation. 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 ceo of high flyers property yells at his inhouse legal advisor jack jack. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Subsaharan africa the evolution of insurance regulation. E it therefore enacted by the parliament of the republic of south africa, as follows. Fortunately, the introduction of the consumer protection act cpa 68 of 2008 has brought about significant changes to way suppliers must carry out repair or maintenance services in south africa. In with the consumer protection act and out with a shove of the foot just a spoonful of sugar. Direct marketing and the consumer protection act legalwise. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. What are the rights of the consumer when handing in their goods for repair or maintenance work as imposed by section 15 of the cpa. At michalsons we believe the law should be accessible, empowering and helpful.
This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. South african consumer service bodies home brand south africa. 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. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Be it therefore enacted by the parliament of the republic of south africa, as follows. The right to privacy is protected in terms of the common law and the constitution. It therefore applies to services rendered by attorneys. 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 consumer protection act south africa labour guide. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010. Consumer protection act, no 68 of 2008 legal legal and. Law in south africa dla piper global data protection laws. The primary objective of the consumer protection act is to establish consumer. Consumer protection act south africa national debt advisors. 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. Consumer protection act 68 of 2008 south african government. The south african airline industry is in the process of drafting an industry code of conduct for the consumer protection act. Government condemns any form of violence against women and children read more.
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. A transaction between a supplier and a consumer also includes the supply of any goods and services in the ordinary course of business to any of its members by a club, trade union, association, society or. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. Contact our attorneys for legal solutions in our focus areas. Keep the consumer protection act in mind when facilitating promotional competitions. 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. It is hereby notified that the president has assented to the following act, which is. A consumer includes any business with a total annual turnover that is less than r2 million is also protected. In south africa there is no single food law which can be referenced to determine compliance with the law and for each product one or more of the foodstuffs, cosmetics and disinfectants act, agricultural products standards act, meat safety act, and the consumer protection act can be relevant.