Many of you may be wondering about the implication of the new consumer protection act the act on your lease agreement, whether landlord or tenant. 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 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 impact of the consumer protection act on pharmacists.
Mr ceo barks at jack jack lets cut to the chase how is that research coming on the consumer protection act cpa. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009. Consumer complaints, complaint procedures, useful consumer contact details. Franchisors consumer protection act whichfranchise south. This has become necessary because the consumer protection act, no. It is important to note that the act only applies to leases entered into after 1st april 2011. The impact of section 22 of the consumer protection act 68. Wall street reform and consumer protection act enrolled final version hr 4173 pdf. I maintain deferment granted in march 2011 in relation to sections 8 to 10 and sections 53 to 61 of the.
When the national consumer protection act came into effect on the 1st of april 2011, it legalised using a bidder to protect the sellers reserve. The act provides for the creation of a national consumer commission which will ensure compliance and support consumer protection groups. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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. In line with the countrys bill of rights, it carefully outlines nine basic consumer rights regarding products, purchases, marketing, suppliers, information and ethics in consumer relations. 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. Consumer protection act 68 of 2008 southern african legal. 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. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. When can a consumer return goods under the consumer protection act cpa in south africa. The new consumer protection act and the gp anaesthetist. The doddfrank wall street reform and consumer protection act is a united states federal. 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. From 1 april 2011, the consumer protection act cpa provides protection to these consumers against such suppliers.
The act only applies to contracts signed after 1 april, and wont affect anything signed before then. Consumer protection act its impact on lease agreements. The consumer protection act outlines key consumer rights, including the right to. Jan 14, 2014 the issue of ghost bidding at south african auctions has been well reported but confusion reigns regarding its legality. The consumer protection act gives all goods sold a sixmonth implied warranty of quality, meaning you can return it for your choice of refund, repair or replacement in that time. 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. Todays epaper click to subscribe the namibian, tuesday. The condition to this is that it is disclosed, upfront, to all prospective. In 2011, the consumer protection act cpa came into effect and the south african consumer saw the dawn of a new era. The consumer protection act and crossborder transactions. Consumer protection council act chapter c25 decree no 66 of 1992 laws of the federation of nigeria 23rd day of november 1992 the federal military government hereby decrees as follows. Section 49 of the consumer protection act cpa is also an important section for landlords to take note of.
Consumer protection act, no 68 of 2008 legal legal and. There are a few definitions in section 1 of the act 1 that we must take note of, namely consumer, goods, services, business and complainant. Dfs consumer protection regulations caitlin aylward, pierre. The application of the consumer protection act in the south african health care context. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer. Guidance document on the consumer rights directive. Consumer protection laws and regulations in deposit and. Consumer protection act south africa national debt advisors. 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. 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.
Doddfrank wall street reform and consumer protection act. I have been asked the following questions on numerous occasions. Return of goods under the consumer protection act in south africa. The cpa applies to an agreement concluded between a consumer and supplier in the ordinary course of business. 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. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. 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. The definition of a consumer includes not only the person either a natural or juristic person to whom goods or services are promoted or supplied, but also the actual user of the goods or the recipients or beneficiary of the services. Here are five useful tips about how the consumer protection act no. It is hereby notified that the president has assented to the following act, which is hereby published for general information.
Insights in south african consumer protection act cpa. The longawaited regulations to the act were recently published. The logical conclusion that readily flows from the context analysis of this study is that the courts, relevant consumer protection statutes and regulatory agencies have failed to offer the desired and much expected protection to the. Freedom of contract and the consumer protection act african.
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 obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. 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. The consumer protection act 68 of 2008 south africa a. Consumer protection act south africa national debt. The background 2 on 11 august 20 the respondent, one of a group of four cyclists.
The malaysian consumer protection act of 1999 provides a typical. In essence, the cpa signifies the rights of the consumer and the responsibilities of the supplier. Consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Consumer protection act68 of 2008 the act for harm caused to the respondent, mr derek anthony halsteadcleak, by a low hanging power line which was not supplying or required to supply electricity to anyone. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Many consumers do not understand the cpa, its purpose and how it was created to empower and protect consumers. The application of the consumer protection act in the south. 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 14 2 of the cpa addresses cancellation of fixedterm contracts prior to expiry.
The impact of the consumer protection act on pharmacists du. The consumer, in respect of any particular goods or services, means. The impact of section 22 of the consumer protection act. Emergency interim consumer product safety standard act of 1978. Credit act 12, the consumer protection act and the companies act 14 that the principles of plain language became more firmly entrenched in south african law, by also stating plain language as a requirement for specific documents.
The consumer protection act will affect the form and content of all consumer agreements with individuals and small businesses. Consumer complaints south africa consumer rights and. The south african national consumer protection act cpa came into effect on 1 april 2011. The consumer protection act has two 2 implementation dates. Feb 20, 2014 mr ceo barks at jack jack lets cut to the chase how is that research coming on the consumer protection act cpa. May 19, 2020 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. If it is not possible, the provisions that extend the greater protection to a consumer prevail over the alternative provision. 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. Section 49 of the cpa provides that a provision of an agreement that limits the risk or liability of the supplier.
Unfortunately, we cant help you if you are a consumer in need of protection. Indicators of consumer protection and empowerment in the digital world. The consumer protection act affects a wide range of consumers and transactions. Consumer agency of canada and the national credit regulator in south africa that is solely responsible for retail credit. 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 68 of 2008 south african government. Consumers have the right to be heard on issues, policies, plans, programmes and decisions which affect them. The consumer protection act, 2008 came into effect on 31 march 2011. 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. Regulations covering these requirements were implemented in january 2011 and took effect in april 2011. The minister of trade and industry has given notice on 14 march 2011 in the government gazette that the consumer protection act application to municipalities, other than high capacity municipalities, will be deferred until further notice. New consumer protection act south africa 2011 pdf every transaction occurring within the republic of south africa.
The definition of a consumer includes not only the person either a natural or juristic person to whom goods or services are promoted or supplied, but also the actual user of the goods or. Government gazette south african geomatics council sagc. In subsaharan africa, 12% of adults now report having a mobile. Legal matters an overview of the south african consumer. Click here to access a pdf version of the consumer protection act 356 kb. It repeals much of the merchandise marks act, the business names act, the price control act, the trade practices act and the consumer affairs act to name a few. Consumer rights directive europska komisia european commission. Eight dimensions for consumer protection in the digital world bmjv. Namibia can also develop its consumer protection and ensure some level of responsibilities to institutions concerned on consumer matters. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
The act introduced some important changes to the law governing lease agreements when it came into operation on the 1st april 2011. Consumer product safety act, as amended august 12, 2011 version. The consumer protection act and buying defective products. The cpa will affect daytoday business transactions for the supply of goods andor services unless specifically exempted. A consumer buys or uses goods, or receives services from a supplier. Protection in africa and 2011, a guide to developing. National consumer protection act the african auction blog. 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. Consumers must be protected against flaws or hidden dangers in products or services. Protection lawsandregulationsindepositandloanservicesjan2011. The national consumer protection act western cape government. The consumer protection act south africa labour guide.