This paper addresses the lack of knowledge about awareness of consumer protection in south africa, especially amongst. Consumer protection act 68 of 2008 south african government. Welcome to the official south african government online site. The consumer landscape is currently fragmented and polarised, characterised by the doubleedged demand of the south african consumer. Sep 02, 2019 the 2019 consumer protection act brings about fundamental changes to the existing 1986 legislation. These consumer rights are enshrined in the south african bill of rights south africa, 2006. The first constitution for the union of south africa was adopted in 1910. Importantly, and for the first time in the history of south african law, the consumer is provided with eight core fundamental consumer rights. 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. The mfrc also protects the rights of consumers when taking loans from micro lenders. E it therefore enacted by the parliament of the republic of south africa, as follows.
In 1960 the white government held a referendum to decide whether south africa would become a republic. The consumer protection act applies to the following. Jun 25, 20 as of the 1st of april 2011, south african consumers became some of the most protected in the world. The consumer protection act is a distinct field of law and the concept is still relatively new in south africa. Consumer rights to return goods under the consumer protection act. Midaugust, the consumer protection act, 2019 2019 act received. Consumer complaints south africa consumer rights and. Initiating complaint to commission part b commission investigations 72. 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. Every transaction occurring within the republic of south africa promotion or supply of any goods and. One of his most recent projects focused on strengthening consumer rights protections, including disputes arising from commercial transactions. Right to equality in the consumer market and protection against discriminatory marketing practices. The cpa is the result of a long process of reform and development in the field of consumer protection in south africa. Some are feeling prosperous, while others are amongst the most.
South africa has eight key consumer rights that have been developed based on the united nations guidelines for consumer protection 1985. Lesotho is a least developed country ldc which borders south africa. When can a consumer return goods under the consumer protection act cpa in south africa. The mfrc was set up to control registered micro lenders in the micro lending industry in south africa. Promotion or supply of any goods and services occurring within the republic. Fundamental rights the consumer protection act south africa the consumer protection act. The consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Prior to the consumer protection act, no 68 0f 2008 cpa which came into effect at midnight on the 31 st march 2011. The landlord is considered the supplier and the tenant is deemed to be the consumer. The consumer protection act your guide to consumer rights. Interpretation part b purpose, policy and application of act 3.
Jul 10, 2012 but south african consumers rights are protected by law, which means they can demand redress. National consumer protection institutions consumer prorection. The consumer protection act define a consumer as any person to whom goods and services are marketed, who is a user of the suppliers. Consumer rights debt and credit south africa national. May 19, 2015 these rights and responsibilities are set out in the rental housing act 1999. This act constitutes an overarching framework for consumer protection, and all other laws which provides. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. You should not rely solely on the content of this brochure, but rather seek the advice of your.
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. On 31 may 1961 south africa was declared a republic. The act therefore grants the consumer the right to receive goods that are of good quality, in good working order and free of any defects. But it also envisages a central consumer protection authority and vests too much power and control in this authority without proposing adequate administrative safeguards. Legislative prescripts relating to consumer protection constitution of the republic of south africa provincial legislation consumer protection act. The doubleedged demand of the south african consumer. Oct 19, 2017 the consumer protection act no 68 of 2008 cpa and the common law. 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. Every transaction occurring within the republic of south africa promotion or.
Further categories of rights have subsequently been added to these by the. Consumer rights of the elderly as vulnerable consumers in. The bill of rights enshrines the rights of all south africans including these rights. Mcq quiz on consumer rights multiple choice questions and answers on consumer rights mcq questions quiz on consumer rights objectives questions with answer test pdf for interview preparations, freshers jobs and competitive exams. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009.
As of the 1st of april 2011, south african consumers became some of the most protected in the world. For the reasons set out above, and to give effect to the international law obligations of the republic, a. This is due to the implementation of extremely progressi. This gave rights to the white minority but took away the right to vote of the majority of south africans. Every transaction occurring within the republic of south africa. What is the south african approach to consumer protection. Consumer rights how and where to file complaints south africa. The information contained herein is a summary of some of the key aspects of. The cpa further provides special protection to a particular type of consumer which is the vulnerable consumer and includes elderly consumers. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. It is intended to protect the vulnerable consumer, and thus knowledge of consumer rights across the board is essential. Cancellation of lease agreements the legal advice office.
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. Goods or services that are supplied or performed, in the republic, in terms of transactions mentioned in the act. Unfortunately, we cant help you if you are a consumer in need of protection. Consumer protection act, no 68 of 2008 legal legal and. Assent 26th may, 2006 commencement 1st july, 2006 1. Return of goods under the consumer protection act in south africa.
Minister mthembu to meet with stats council amid funding concerns. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. This council has gained the powers to do so in terms of the exemption notice of of the usury act, 1968 from law created by minister of trade and industry. Yet, despite this expansion of the consumer pool, private consumption in south africa has been growing at a fairly subdued annual rate of 2. But did you know that the consumer protection act cpa also applies to lease agreements. Professionals, teachers, students and kids trivia quizzes to test your knowledge on the subject. In instances where the consumer feels the need to return goods, there are a number of sections under the consumer protection act which provide for this. The nature of utilities provision the conventionally defined utility industries, i. The fundamental consumer rights that are protected by the cpa are the right to equality in the consumer market, 8.