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Consumer Protection Act

Consumer Protection Act

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Published by Paul Jacobson
This is a version of the Consumer Protection Act No. 68 of 2008. Please check official government resources to ensure that this is the latest version before relying on it.
This is a version of the Consumer Protection Act No. 68 of 2008. Please check official government resources to ensure that this is the latest version before relying on it.

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Categories:Business/Law, Finance
Published by: Paul Jacobson on Jan 31, 2010
Copyright:Public Domain

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06/16/2013

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Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol.
52
6
Cape Town
2
9 April
2
00
9
No.
3
2186
 
THE PRESIDENCY
No.
467
 
2
9 April
2009
It is hereby notified that the President has assented to the following Act, which ishereby published for general information:–
No.
6
8 of 2008:
Consumer Protection
Act, 2008.
AIDS HELPLINE: 0800-123-22 Prevention is the cure
 
GENERAL EXPLANATORY NOTE:[ ]
Words in bold type in square brackets indicate omissions fromexisting enactments.Words underlined with a solid line indicate insertions inexisting enactments.
ACT
To promote a fair, accessible and sustainable marketplace for consumer productsand services and for that purpose to establish national norms and standardsrelating to consumer protection, to provide for improved standards of consumerinformation, to prohibit certain unfair marketing and business practices, topromote responsible consumer behaviour, to promote a consistent legislative andenforcement framework relating to consumer transactions and agreements, toestablish the National Consumer Commission, to repeal sections 2 to 13 andsections 16 to 17 of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), theBusinessNamesAct,1960(ActNo.27of1960),thePriceControlAct,1964(ActNo.25 of 1964), the Sales and Service MattersAct, 1964 (Act No. 25 of 1964), the TradePractices Act, 1976 (Act No. 76 of 1976), the Consumer Affairs (Unfair BusinessPractices) Act, 1988 (Act No. 71 of 1988), and to make consequential amendmentsto various other Acts; and to provide for related incidental matters.PREAMBLE
The people of South Africa recognise—That apartheid and discriminatory laws of the past have burdened the nation withunacceptably high levels of poverty, illiteracy and other forms of social andeconomic inequality;That it is necessary to develop and employ innovative means to—
(a)
fulfil the rights of historically disadvantaged persons and to promote their fullparticipation as consumers;
(b)
protect the interests of all consumers, ensure accessible, transparent andefficient redress for consumers who are subjected to abuse or exploitation inthe marketplace; and
(c)
to give effect to internationally recognised customer rights;That recent and emerging technological changes, trading methods, patterns andagreements have brought, and will continue to bring, new benefits, opportunities
 
and challenges to the market for consumer goods and services within SouthAfrica;andThat it is desirable to promote an economic environment that supports andstrengthens a culture of consumer rights and responsibilities, business innovationand enhanced performance.For the reasons set out above, and to give effect to the international law obligationsof the Republic, a law is to be enacted in order to—
promote and protect the economic interests of consumers;
improve access to, and the quality of, information that is necessary so thatconsumers are able to make informed choices according to their individualwishes and needs;
protect consumers from hazards to their well-being and safety;
develop effective means of redress for consumers;
promote and provide for consumer education, including education concerningthe social and economic effects of consumer choices;
facilitate the freedom of consumers to associate and form groups to advocateand promote their common interests; and
promote consumer participation in decision-making processes concerning themarketplace and the interests of consumers.
B
E IT THEREFORE ENACTED by the Parliament of the Republic of SouthAfrica,as follows:—
ARRANGEMENT OF SECTIONS
Sections
CHAPTER 1INTERPRETATION, PURPOSE AND APPLICATION
 Part A Interpretation
1. Denitions2. Interpretation
 Part B Purpose, policy and application of Act
3. Purpose and policy of Act4. Realisation of consumer rights5. Application of Act6. Threshold determination7. Requirements of franchise agreements
CHAPTER 2FUNDAMENTAL CONSUMER RIGHTS
 Part A Right of equality in consumer market
8. Protection against discriminatory marketing45101520

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