A transaction between a supplier and a consumer also includes the supply of any goods and services in the. Doddfrank wall street reform and consumer protection act. National credit act 34 of 2005 south african government. Most entities supplying goods and services in south africa and the transactions they enter into with consumers will be covered by the act. Consumer protection act, no 68 of 2008 legal legal and.
A bill to amend the consumer credit protection act to provide for regulation of debt settlement services, and for other purposes. The consumer protection act on your rights to cancel agreements. The purpose of the cpa is to promote and protect the rights of south african consumers and this protection could, potentially, extend to offshore transactions involving south african consumers. The consumer protection act sept 2010 cover publications. Be it therefore enacted by the parliament of the republic of south africa, as follows. The following articles about the cancellation of agreements may also interest you. The new consumer protection legislation in south africa. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
To learn more about the cpa, read our quicklaw guide. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. The consumer protection act and crossborder transactions. The consumer protection act, 2008, will come into effect on 31 march 2011. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular.
These include filing a complaint with the national consumer commission commission, referring a dispute to the consumer tribunal tribunal or approaching an industry ombud. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. 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. Genetically modified organisms i, dr rob davies, the minister of trade and industry hereby, in terms of section 1201 of the consumer protection act, 2008 act no. 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. Debt settlement consumer protection act of 2010 2010. The consumer protection act south africa labour guide. Former south african president, nelson mandela, reminded us in 1994 that. Unfortunately, we cant help you if you are a consumer in need of protection. In 2011, the consumer protection act cpa came into effect and the south african consumer saw the dawn of a new era. Consumer protection act south africa national debt advisors. Well, we consume, or come into contact with products countless times every single day.
Consumer protection act 68 of 2008 south african government. 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. This means that a consumer has the right to receive goods which are. Promotion or supply of any goods and services occurring within the republic. Set out below are answers to questions that you should be asking yourself in light of the provisions of the consumer protection act no. Please take note of the table in schedule 2 of section 3 of the cpa, it provides the extent of application of certain sections of the act. A consumer includes any business with a total annual turnover that is less than r2 million is also protected. When can a consumer return goods under the consumer protection act cpa in south africa. Consumer protection act norcaz training academy for all. The application of the consumer protection act in the south. The new consumer protection legislation in south africa was.
Acts mpumalanga department of economic development and. 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. Amended by consumer protection act 68 of 2008 from 31 mar 2010. South africa s new consumer protection act aims to provide the consumer with certain rights and protection. 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. The right to return goods in terms of section 56 of. Introduction the consumer protection act 68 of 2008,1 which recently came into effect in south africa, applies to every transaction occurring within south africa.
Return of goods under the consumer protection act in south africa. The high levels of poverty, illiteracy and social and economic inequality necessitate this. National consumer protection institutions consumer prorection. 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. 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 impact of the consumer protection act on pharmacists. This legislation not only ensures the protection of consumers but also solidifies the responsibility of b. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. 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.
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. Consumer protection act south africa national debt. The consumer protection act 68 of 2008 the cpa as amended, has, for many industries, altered the way in which business is conducted, specifically within the arena of the supply of goods to customers. The new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. Mar 02, 2012 the new consumer protection legislation in south africa was introduced to address inequities of the past, institute avenues of recourse for unfairness etc. Fundamental rights the consumer protection act south africa the consumer protection act. When the act becomes effective on april 1, it will give consumers the right to demand quality service and to full disclosure of the price of goods and services, and protection against false. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. Goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act. Consumer protection act speak to us know your consumer rights. Communique, 15 july 2010 consumer protection act addresses the consumers right to cancel a fixed contract after the expiry date communique, 1 july 2010 consumer protection act allows consumer cooling off period 25kb pdf. See law society of south africa, consumer protection guide for. One quite often comes across nonrefundable deposits in offers to purchase properties. When trying to cancel a timeshare agreement, it is often a lengthy, complicated andor expensive process resulting in members who are bound to the agreement indefinitely. Since the consumer protection act cpa came into effect in 2011, it has fundamentally changed the way business is done in south africa. Consumer protection act explained south africa news.
In south africa, as in the rest of the world there has been a shift towards the increased protection of consumers. For entities who are fortunate enough to trade with customers whose annual turnover will place them beyond the ambit of the cpa, this has become a safe haven where. An act to promote the financial stability of the united states by improving accountability and transparency in the financial system, to end too big to fail, to protect the american taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes. 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.
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 impact of the consumer protection act on pharmacists du. Specific protection is given to certain classes of people such as the illiterate, minors, seniors, people living in remote areas and those of low. Jul 10, 2012 but south african consumers rights are protected by law, which means they can demand redress. What are the rights of consumers where there is very apparent fraudulent misrepresentation to entice new clients. In the past, people have not always been protected against the suppliers of goods or services. In addition most deeds of sale contain breach clauses that stipulate that in the event of a contractual breach by the purchaser that is not rectified within a certain number of days, the seller can cancel that agreement and retain all amounts paid on account of the purchase price. 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 act applies to every transaction within the republic, unless it is exempted by section 5. The tribunal confirmed in bandera trading and projects cc v kia motors 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. The consumer protection act applies to the following.
This booklet briefly highlights some aspects of the consumer protection act of 2008 cpa. 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. Public service act, 19941 mpumalanga economic growth agency act act. The south african consumer protection act makes use of all these. All of the provisions of the consumer protection act of 2008 cpa or act will come into full force and effect shortly. Consumer protection relevant legislation there are several pieces of legislation that contain consumer protection provisions that are applicable to electronic contracts. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Every transaction occurring within the republic of 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. Van schaik bookstore acknowledges and supports the act. Many consumers do not understand the cpa, its purpose. Consumer information eaab the estate agency affairs board. Consumer protection act 2010 seychelles legal information institute. Interpretation part b purpose, policy and application of act 3. Business law degrees from the university of the kwazulu natal. 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. Legalwise offers assistance and information on the consumer protection act in south africa. 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. It is hereby notified that the president has assented to the following act, which is. A critical, independent and investigative press is the lifeblood of any democracy.
What are the rights of consumers where there is very apparent fraudulent misrepresentation to. 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 your guide to consumer rights. 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. Up until four years ago, the consumers of south africa were basically left unprotected and vulnerable to exploitation by suppliers of goods and services. South africas new consumer protection act aims to provide the consumer with certain rights and protection.
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