Welcome to the official south african government online. 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. Consumer protection act speak to us know your consumer rights. 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.
The consumers right to a refund legal tips and updates. 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 impact of the consumer protection act on franchise agreements. Consumer protection act, 2010, and their subsidiary legislation. The purposes of this act are to promote and advance the social and economic welfare of consumers in south africa by. Consumer protection act speak to us know your consumer. The five instances where a consumer may return goods to the supplier are. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Consumer complaints south africa consumer rights and. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The protection of personal information act called the popi act or popia brings an end to the uncertainty regarding the law on the use and processing of personal information. The full impact of the cpa is set to be massive but stands to be developed to the full in time.
The consumer protection act south africa labour guide. The national consumer commission ncc is charged with enforcing consumer rights under the consumer protection act 68 of 2008. South africa adopted genetically modified crops in 1997, and currently produces genetically modified. 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. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. 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. There are a number of innovative consumer protection mechanisms in the cpa which are revolutionary in nature. South african consumer protection rights arise largely from the. 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. The primary legislation in south africa dealing with genetically modified organisms gmos, including their contained use, trial release, commercial release, and import and export is the genetically modified organisms act of 1997 gmo act and its subsidiary legislation. While not fully in effect, popia is generally regarded as being a codification of the current common law position in. 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. Cpa the right to return goods the consumer protection act.
Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated. South african consumer service bodies home brand south africa. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. 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. 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. It is bordered by the democratic republic of the congo to the north, the united republic of tanzania to the northeast, malawi to the east, mozambique to the south east, zimbabwe, botswana and namibia to the south, and angola to the west, with a total area of.
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. Nhbrc is responsible for protecting consumers in terms of the housing consumers protection measures act, 1998 act no. Welcome to the official south african government online site. 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.
Jul 10, 2012 south african national consumer union sancu is a voluntary independent body that represents millions of consumers. Consumer rights how and where to file complaints south africa. Right to equality in the consumer market and protection against discriminatory marketing practices. 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 in the marketplace and also to give effect to internationally recognised. 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. What is the south african approach to consumer protection. Please note that most acts are published in english and another south african official language.
In evaluating the provisions of the cpa, it is necessary to take notice of the malpractices it seeks to address. The consumer protection act cpa not only has socioeconomic consequences, but more specifically, impacts on the insurance industry in a major way. All the cars on this website are sold through credible dealers, all of which are approved. Jan 09, 2012 the electronic communications and transactions ect act was enacted in 2002 and contains consumer protection provisions for electronic transactions like shopping online. Consumer protection act ministry of justice government of.
This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. Consumer protection act 68 of 2008 south african government. The act will affect virtually every business that trades in south africa, as well as voluntary associations. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The act is going to have a huge impact on virtually every business and every transaction in south africa. The impact of section 22 of the consumer protection act 68. Popia is essentially the south african data protection bill or data protection act. The impact of section 22 of the consumer protection act. Consumer protection act, no 68 of 2008 legal legal and.
April 2011 consumer protection act regulations as published 220kb pdf. This page contains information about the consumer protection act, no 68 of 2008 and its history. 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. The impact of the consumer protection act on insurance. Cipc notice, 5 june 2012 registration of business trading as. The bill of rights enshrines the rights of all south africans including consumer rights. Law in south africa dla piper global data protection. The south african law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale or, to be more specific, purchase and sale, or emptio venditio, generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money. Right to equality in the consumer market and protection against discriminatory marketing. Overview of electronic communications regulation in south africa. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g.
I have been asked the following questions on numerous occasions. When can a consumer return goods under the consumer protection act cpa in south africa. Where a supplier is required to refund the purchase price to the consumer. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. An act to provide for the promotion and protection of consumer interest, in relation to the supply of goods and the provision of services in order to ensure protection of life, health and safety of consumers and others, the establishment of a consumer affairs commission and for connected purposes. The consumer protection act is a distinct field of law and the concept is still relatively new in south africa.
National consumer protection institutions consumer prorection. Legislative framework in south africa the primary act of parliament regulating the electronic communications industry in south africa is the. 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. 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. Jun 01, 2005 an act to provide for the promotion and protection of consumer interest, in relation to the supply of goods and the provision of services in order to ensure protection of life, health and safety of consumers and others, the establishment of a consumer affairs commission and for connected purposes. The right to return goods applicable sections of the consumer protection act, 68 of 2008. Return of goods under the consumer protection act in south africa. It is hereby notified that the president has assented to the following act, which is hereby published for general information.
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, 2008 act 68 of 2008 consumer. The electronic communications and transactions ect act was enacted in 2002 and contains consumer protection provisions for electronic transactions like shopping online. South africa, malawi, germany, zimbabwe, italy, burundi, the democratic. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Schedule 4, part a of the republic of south africa constitution provides. 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. Minister mthembu to meet with stats council amid funding concerns. Every transaction occurring within the republic of south africa promotion or supply of any goods and.
Protection of personal information act, 20 5 act no. The promulgation of the consumer protection act, 68 of 2008 on 1 april 2011, consumer law has suddenly become a new headache for businesses and they had to make a lot of adaptions to operate within the specific act. Fundamental rights the consumer protection act south africa the consumer protection act. Return of goods under the consumer protection act in south. It has taken a special interest in the electronic communications industry and 2012. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. The consumer protection act applies to the following. Gpw website consumer protection rights notice government. The consumer protection act your guide to consumer rights. By default, the cars on used cars for sale all carry a 6 months warranty which means if something major goes wrong, you can return the car to the dealer.
Consumer protection act ministry of justice government. It is intended to protect the vulnerable consumer, and. Whenever there is an overlap between the provisions of both the acts, our legal system is required to err in favour of the act that offers the consumer the most protection. Section 14 2 of the cpa addresses cancellation of fixedterm contracts prior to expiry. The right to return goods in terms of section 56 of. But it is important to rember that it is not yet in effect we are waiting for the.
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