No. 21 of 2001: Consumer Affairs (Unfair Business Practices) Amendment Act, 2001.
(Assented to 20 September 2001.
To amend the Consumer Affairs (Unfair Business Practices) Act, 1988, so as to provide for the questioning of a person at a preliminary investigation by a person appointed by the chairperson of the committee; to make provision for interim measures pending the outcome of an investigation into an unfair business practice; to repeal certain obsolete provisions; and to empower a curator to obtain the assistance of an attorney or advocate under certain circumstances; and to provide for matters connected therewith.
Amendment of section 5 of Act 71 of 1988, as amended by section 3 of Act 64 of 1991 and section 5 of Act 23 of 1999 1.
the person summonsed, or any person testifying on behalf of the person summonsed, under oath or affirmation administered by the chairperson, and the committee may examine or retain for further examination or for safe custody such a book, document or other object.
Amendment of section 8 of Act 71 of 1988, as amended by section 1 of Act 43 of 1990, section 6 of Act 33 of 1993 and section 7 of Act 23 of 1999 2.
Section 8 of the principal Act is hereby amended by the deletion of subsections (3), (5), (6) and (7).
Insertion of section 8A and 8B in Act 71 of 1988 3.
12(2) takes possession of such money or property or until the expiry of the period of six months, whichever occurs first.
Before the committee makes a recommendation to the Minister in terms of subsection (1), it shall inform the person who will be affected by its recommendation of its intention to make the recommendation and give the person an opportunity of a hearing by the committee.
the person mentioned in the notice has or will have the intention to defeat the interests of consumers by concealing or dissipating assets.
advising the recipient that he or she has the right in terms of section 13(1) to appeal to a special court or to take the decision on review to an appropriate court.
If the Minister orders the attachment of any immovable property in terms of subsection (1)(b), the Minister shall as soon as practicable thereafter notify the registrar of deeds of the attachment.
A notice contemplated in subsection (1) may be amended or withdrawn by the Minister at any time on the recommendation of the committee.
Any person who contravenes or fails to comply with a notice contemplated in subsection (1) shall be guilty of an offence.
8B. Notwithstanding section 8A, the Minister may apply to a High Court for an interdict suspending a business practice, or such other remedial action, pending the outcome of any investigation by the committee.
Amendment of section 10 of Act 71 of 1988, as amended by section 2 of Act 43 of 1990 4.
Section 10 of the principal Act is hereby amended by the deletion of paragraph (b) of subsection (2).
Amendment of section 12 of Act 71 of 1988, as amended by section 3 of Act 43 of 1990, section 8 of Act 33 of 1993 and section 8 of Act 23 of 1999 5.
be entitled to the assistance of an attorney or advocate when interrogating any person summonsed, and such attorney or advocate may cross-examine such person.
Amendment of section 13 of Act 71 of 1988, as amended by section 9 of Act 33 of 1993 and section 9 of Act 23 of 1999 6.
This Act shall be called the Consumer Affairs (Unfair Business Practices) Amendment Act, 2001.