E it therefore enacted by the parliament of the republic of south africa, as follows. Legal update consumer protection act cpa section 14 it has become increasingly apparent that the farreaching effects of the peremptory provisions of the consumer protection act cpa on leases of. It is hereby notified that the president has assented to the following act, which is. Price display of goods or services applicable sections of the consumer protection act, 68 of 2008. It came into force with the establishment of the consumer affairs authority. Consumer protection an act to make provision for the greater protection of consumers, to establish a consumer protection commission and for the functions and powers of that commission and related matters. The five instances where a consumer may return goods to the supplier are.
National consumer protection institutions consumer prorection. A supplier of goods usually dictates the terms and conditions of sale and includes the returns policy applicable. A critical analysis of product liability under the consumer protection act 68 of 2008. Seesa professional legal support for your business. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. The cgso is obligated to enforce the consumer goods and services industry code of conduct by. A critical analysis of product liability under the. International consumer protection federal trade commission. The act provides for the creation of a national consumer commission which will ensure compliance and support consumer protection.
Pdf the consumer protection act 68 of 2008 and procedural. The consumer affairs authority act was passed in the parliament on 9th january 2003. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. Be it therefore enacted by the parliament of the republic of south africa, as follows. This will bring south africa in line with foreign jurisdictions in regard to medical. The manual on consumer protection was revised in 2016 by robin simpson, lead consultant, and a team comprising marisa henderson, graham mott, maria bovey and arnau izaguerri. This act must not be interpreted so as to exclude any statutory law or the common law from being. Legal matters an overview of the south african consumer. The irs allowed 2014 and 2015 as a transition period for enforcement and. South africa emulates many firstworld countries and aligns itself with the united nations and the european union guidelines on consumer protection by codifying a common law for consumer. Impact of the consumer protection act in the health care. Consumer complaints south africa consumer rights and.
Fundamental rights the consumer protection act south africa the consumer protection act. That it is desirable to promote an economic environment that supports. Consumer protection act, no 68 of 2008 legal legal and. The national consumer protection act western cape government.
Unsafe or defective goods may be returned for a repair, replacement or refund within 6 months of delivery. In instances where the consumer feels the need to return goods, there are a number of sections under the consumer protection act. For your protection, this form may show only the last four. Section 14 of the consumer protection act a property. The consumer protection act spells out the rights of the consumer and the responsibilities of the supplier. Consumer protection act the banking association south africa. The south african national consumer protection act cpa came into effect on 1 april 2011. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. When constructing these terms and conditions, it is important to keep the provisions of the consumer protection act. The law of contract, the consumer protection act and. 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.
Legal update consumer protection act cpa section 14. There are a number of innovative consumer protection. The consumer protection act is a distinct field of law and the concept is still relatively new in south africa. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in.
Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. 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. Receiving and dealing with complaints and disputes by a consumer relating to its code of conduct or the consumer protection act. Assent 26th may, 2006 commencement 1st july, 2006 1. Consumer rights to return goods under the consumer. Consumer protection act, 2008 notes on the guide to consumer protection act no 68 of 2008 2 1. 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. 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. Practical considerations the guidelines provide for both voluntary product. By default, the cars on used cars for sale all carry a 6 months. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection.
Introduction the consumer protection act your guide to consumer. All the cars on this website are sold through credible dealers, all of which are approved. Ev eeden consumer protection law in south africa 20 377. The competition act and consumer protection act in focus. 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. Concerns and recommendations 2011 44 2 comparative and international law journal of southern africa. 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. The foreign account tax compliance act fatca is a 2010 united states federal law. Consumer protection relevant legislation there are several pieces of legislation that contain consumer protection. Again, the proceeds from the sale of your house or other real estate arent necessarily taxable, so do your homework. Consumer protection act 68 of 2008 south african government. Section 14 of the consumer protection act no 68 of 2008, cpa, which relates to the expiry and renewal of fixed term agreements, reads as follows. The recent outbreak of the covid19 coronavirus and the resulting declaration of a state of the national disaster led to the president.
The impact of section 22 of the consumer protection act. Act 68 of 2008 hereafter referred to as the consumer protection act act. Return of goods under the consumer protection act in south. The consumer protection act applies to the following. Role of supreme court under the cpa act with resent cases sitemap. The cpa impacts many of these practices significantly, including direct and other marketing practices. The executive summary of the green paper noted that, south africa s system of consumer law is outdated, fragmented and predicated on principles contrary to the democratic system. The act is aimed at promoting fairness, openness and good business practice between the suppliers of goods or. The primary objective of the consumer protection act is to establish consumer. For the 2014 tax year, national bank of canada inc. The people of south africa recognisethat apartheid and discriminatory laws of the past have burdened the nation with unacceptable high levels of poverty, illiteracy and other forms of social and economic inequality. Some south african writers suggest that the same rules apply to ecommerce transactions, namely that the. 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 consumer may choose whether he wants the item repaired, replaced or receive a refund. Interpretation part b purpose, policy and application of act 3. This act may be cited as the consumer protection act. S 15, 23 the provisions relating to price display do not apply to transactions where the supplier has provided an estimate to the consumer or where the consumer. The consumer protection act it is likely that the cpa will entirely abrogate the principles laid down by the sca in the afrox case. Cpa the right to return goods the consumer protection act. A consumer has various rights of return in terms of the consumer protection act. Every transaction occurring within the republic of south africa.