We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Consumer protection consumer law bregman moodley attorneys. South africans are not a litigious society such as the european countries and the usa but the cpa will empower the consumers to understand their rights and equip them with the means to enforce their consumer rights. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Interpretation part b purpose, policy and application of act 3. Practical considerations the guidelines provide for both voluntary product. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in.
The national consumer protection act western cape government. Act, do hereby prescribe the code in the attached schedule as the industry code for the. This means that a consumer has the right to receive goods which are. 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. Pdf the consumer protection act 68 of 2008 and procedural. Consumer protection law in south africa second edition the consumer protection act 68 of 2008 cpa has had a major impact on the way in which suppliers and consumers do business. In terms of s16 of the cpa, if a consumer has bought goods as a result of direct marketing, then for a period of 5 days after receiving the goods, the consumer can.
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. About motor vehicles consumer complaints south africa. It is, at the same time, one of the most unpredictable and changing areas of state law. 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. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. The primary objective of the consumer protection act is to establish consumer. The new hampshire consumer protection act is one of the most frequently litigated statutes in new hampshires state and federal courts. The consumer protection act and buying defective products. Pdf in general, the concept contractual fairness can be narrowed down, described and analysed with reference to. In with the consumer protection act and out with a shove of the foot just a spoonful of sugar.
Consumer information eaab the estate agency affairs board. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. The grey goods market is about to be shaken up with new laws coming into effect that will give consumers greater rights against the suppliers of grey goods. Constitution of the republic of south africa, 1996 act no. It therefore applies to services rendered by attorneys.
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. 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. In the past, people have not always been protected against the suppliers of goods or services. 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. Return of goods under the consumer protection act in south. This page contains information about the consumer protection act, no 68 of 2008 and its history. Consumer protection act south africa national debt. Notice in terms of section 673 of the competition act, 2003. Consumer protection act its impact on lease agreements. 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. The consumer protection act, no 68 of 2008 cpa, which came into force in april 2011, dramatically changed the legal landscape for conducting business with consumers, marketing to consumers and businesses involved in manufacturing consumer goods, even. 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. Consumer protection act consumer goods and services ombud.
Consumer protection law in south africa second edition. It is hereby notified that the president has assented to the following act, which is. International consumer protection federal trade commission. The consumer protection act your guide to consumer rights. The south african national consumer protection act cpa came into effect on 1 april 2011. The pros and cons of the consumer protection act nh. Every transaction occurring within the republic of south africa. Constitution means the constitution of the republic of south africa, 1996. Seesa professional legal support for your business. Consumer protection act 68 of 2008 south african government. 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.
Cpa the right to return goods the consumer protection act. I have been asked the following questions on numerous occasions. How counterfeiters are using the covid19 pandemic to their benefit. Consumer rights how and where to file complaints south africa. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Enforcement agencies can use those complaints to investigate fraud. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. For the reasons set out above, and to give effect to the international law. For the the consumer protection act fundamentals training course it is advisable that you have the following experienceknowledge. Delegates in various businesses that involve external customer interactions on a daily basis. E it therefore enacted by the parliament of the republic of south africa, as follows. 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. 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. Amended by national credit amendment act 19 of 2014 from mar 2015. Although landlord and tenant are not specifically defined in the act, they do fall within the definitions of supplier and consumer. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. Therefore an agreement between the parties for the supply of goods and services within the republic of south africa falls within the ambit of the act. The consumers right to a refund legal tips and updates.
Lawyers network provides online legal help south africa. Since the inception of the consumer protection act cpa, the status of timeshare agreements has been a bone of contention and 3 years later remains unresolved. This publication provides essential commentary to the legislation and case law, highl. The consumer protection act has two 2 implementation dates. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. The full impact of the cpa is set to be massive but stands to be developed to the full in time. 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. The president of the republic of south africa, cyril ramaphosa, declared the outbreak of the covid19 coronavirus a national disaster, invoking the disaster management act1. The course the consumer protection act fundamentals training course is designed for the following attendees. The act applies to virtually every business sector. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. 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. Strict liability under the consumer protection act. The consumer protection act fundamentals training course.
Schools, in particular, had been identified as one of the biggest threats. The impact of the consumer protection act on pharmacists. An overview of promotional activities in terms of the. The right to return goods applicable sections of the consumer protection act, 68 of 2008. 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.