Consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Various communiques pertaining to the consumer act available for download. The impact of the consumer protection act on pharmacists du. The application of the consumer protection act in the south. When can a consumer return goods under the consumer protection act cpa in south africa. Constitution of the republic of south africa, 1996 r.
The consumer protection act and your lease agreement. You will find below the key extracts from the south africa companies act along with the full act. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. In terms of the consumer protection act 68 of 2008 cpa, does a supplier have the right to first repair goods supplied by it before having to replace or refund the purchase price for the goods, in circumstances in which the goods are defective. Section 14 moreover obligates the supplier between 40 and 80 days before the end of the agreement to notify the consumer of the. Amended by rental housing amendment act 43 of 2007 from may 2008. Pdf the consumer protection act 68 of 2008 and procedural. Return of goods under the consumer protection act in south africa. Section 55b of the consumer protection act states that every consumer has got the right to goods or products which are of good quality, in good working order and free from defects, and the consumer protection act section 411ac states that in relation to marketing of any goods or services, the supplier must not, by words or conduct, directly or indirectly express or imply a false. The act is going to have a huge impact on virtually every business and every transaction in south africa.
The consumer protection act cpa, which came into full effect on 01 april 2011, spells out some material changes that apply when the seller is acting in the ordinary course of business and the purchaser is either a body with a turnover and asset value of under r3 million or an individual. In this act unless the context indicates otherwiseadvertisement means any. Section 14 notably for landlords entitles a consumer to cancel an agreement by giving the supplier 20 business days notice. Van schaik bookstore acknowledges and supports the act. The impact of the consumer protection act on pharmacists. The consumer protection act define a consumer as any person to whom goods and services are marketed, who is a user of the suppliers. South africas new consumer protection act aims to provide the consumer with certain rights and protection. Every transaction occurring within the republic of south africa. Chapter 1 interpretation, purpose and application of act part a interpretation 1.
Constitution of the republic of south africa, 1996 r 385. Republic of south africa national small business amendment bill as introduced in the national assembly as a section 75 bill. The purpose of the consumer protection act cpa,1 in so many words, is to promote and advance the social and economic welfare of consumers in south africa sa. The fundamental consumer rights that are protected by the cpa are the right to equality in the consumer market, 8. Consumer protection act will affect rights of property. Consumer protection act sale of motor vehicle by one private individual to another private individual. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Unfortunately, we cant help you if you are a consumer in need of protection. Consumer protection act 68 of 2008 saflii home saflii. Legislation to protect consumers against unfair contract terms has long been overdue in south africa. National credit act 34 of 2005 south african government.
Protection act cpa with regard to overselling and overbooking. Be it therefore enacted by the parliament of the republic of south africa, as follows. Continued investigation and enforcement of previous act 14. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Consumer protection act sale of motor vehicle by one. The cipc released the following additional information to assist in the application and implementation of the companies act. The application of the act is excluded if the consumer is the state, if the consumer is a juristic person with a turnover or asset value above a threshold to be determined by the minister, credit agreements under the national credit act. Consumer protection act, no 68 of 2008 legal legal and.
South africa s new consumer protection act aims to provide the consumer with certain rights and protection. Continued application of previous act to windingup and liquidation 10. You should not rely solely on the content of this brochure, but rather seek the advice of your. 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. Introduction overselling or overbooking is sale of a volatile good or service in excess of actual supply. The national credit act, 2005 all you need to know about the national credit act as a consumer volume 1. 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 consumer rights. Consumer protection act will affect rights of property buyers. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. A johansen cointegration and vecm analysis alfred bimha abstract the rise in unsecured lending has cast doubt on the effectiveness of the national credit act in south africa. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010 is a bill of rights for you, the consumer, to help shield you from products that are unsafe, making the south african consumer the most protected in the world. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular sector will need to be read with this act to ensure a common standard of protection. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1.
Goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act. The act was signed by the president on 8 april 2009, but. General preservation of regulations, rights, duties, notices and other instruments 12. Purchase or hire of good and services has become an inevitable part of our daily lives. South africa companies act 2008 south africa company law. Preservation and continuation of court proceedings and orders 11. Next post dont cross the line into an illegal eviction. 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. Reckless lending was seen rising since 2006 and plateauing in 2009. The cipc can issue guidance to the public by issuing explanatory notices outlining its procedures or publishing nonbinding opinions on the interpretation of any provisions of the act in terms of section 1882b of the companies act, 2008.
The article discusses ten cases of consumer disputes. The supplier in this case is entitled to impose a reasonable cancellation penalty. Consumer protection act will affect rights of property buyers and sellers. Overselling is a common practice in the travel and lodging industry, in which it is expected. This act constitutes an overarching framework for consumer protection, and all other laws which provides. Environmental laws and legislation in south africa last updated on jan 25, 2017 the consumer protection act, cpa, which came into effect on 1 april 2011 includes the regulation of goods and services with actual or potential environmental andor health impacts.
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. Mar 31, 2011 johannesburg the new consumer protection act will be implemented on april 1 2011, but some consumers are under the impression that they will be able to take matters to the national consumer. Consumer protection act south africa national debt advisors. 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. 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 1, 45, 910, 1516, 19 amends general law fourth amendment act 2 of 1993 amends sectional titles act 95 of 1986. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. 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. Feb 20, 2014 section 14 notably for landlords entitles a consumer to cancel an agreement by giving the supplier 20 business days notice.
Consumer protection act south africa national debt. In the past, people have not always been protected against the suppliers of goods or services. Promote the economic and social welfare of all south africans. The consumer protection act applies to the following. The consumer protection act and buying defective products. Promotion or supply of any goods and services occurring within the republic. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. In spite of the outlawing of the voetstoets concept in terms of the new act, in these circumstances, is there anything preventing the inclusion of ones own voetstoets clause in a written agreement between seller and buyer.
Apr 17, 2011 consumer protection act sale of motor vehicle by one private individual to another private individual. The consumer protection act south african health care 169 involving the supply of goods or services in exchange for consideration2 unless the transaction is exempted from the application of the act. May 19, 2015 every situation is different and it is impossible to give a hard and fast rule of thumb for cases like these. Specific protection is given to certain classes of people such as the illiterate, minors, seniors, people living in remote areas and those of low income. Johannesburg the new consumer protection act will be implemented on april 1 2011, but some consumers are under the impression that they will be. Consumer protection act south africa quick consolidation. Oct 27, 2016 i have been asked the following questions on numerous occasions. The south african consumer protection act makes use of all these techniques. Understanding the new companies act pwc south africa. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The consumer protection act your guide to consumer rights. South africa company law is a set of rules and regulation formed under the south africa companies act 2008.