I, Mamodupi Mohlala, Commissioner of the National Consumer Commission, hereby publish Report on Expression of Interest (EOI) prepared pursuant to the provisions of section 11 (3) of the Consumer Protection Act, 2008 (Act No 68 of 2008).
Interested persons may submit their written comments or objections in writing for the consideration to appoint Direct Marketing Association (DMA) as a preferred service provider to operate a registry in which any person may register a preemptive block against any communication that is intended for the purposes of direct marketing of goods or services.
The National Consumer Commission (NCC) hereby present a report on the expression of interest in respect of the establishment of a registry in which any person may register a pre-emptive block for the purposes of restricting unwanted · direct marketing is hereby published for comment.
The NCC is an entity cre~ted in terms of Section 85 of the Consumer Protection Act 2008 (Act 68 of 2008) is in the process of identifying a Service Provider for the operation of an Opt-Out Register required by Section 11 of the Act.
The Act also provide that the Commission may establish, or recognize as authoritative, a registry in which any person may register a pre-emptive block, either generally or for specific purposes ·against any communication that is primarily for the purpose of direct marketing.
The Act mandates the Commission to establish a register which is reasonable and has effective means to receive, compile and utilize information relating to direct marketing.
The registry must cover and be accessible to all consumers within the Republic of South Africa and must promote the realization of each consumer's right to privacy.
These are the currents costs which are borne by the DMA members annually for operating and managing the Registry and NCC is not required to pay any fee for the service.
An Incorporated Firm of Attorneys.
Technological framework to operate a registry still to be developed specification R 150 000.
system R 750 000.00.
Deloitte sought to propose a once off setup fee to develop the database for NCC and thereafter, a monthly fee for hosting. and maintenance of the database.
Section 11 (3) of the National Consumer Protection Act, 68 of 2008 provides the Commission with a legislative backing in that it stipulates that it may establish or recognize as authoritative a registry for the purposes of registering a pre-emptive block against any communication that is primarily for the purpose of direct marketing.
No representation or guarantee, express or implied, is or will be given by the NCC, or any of its employees or contractors with respect to the information or opinions contained in this document.
The NCC reserves the right in its sole and absolute discretion, to decide on whether or not to proceed further with this process in the light of comments or objections relating to the expression of interest received and policy considerations.
The comments relating to the expression of interest report will be used solely by the NCC to complete its feasibility study and to decide whether to establish a register or recognize a register operated by a DMA provided no considerable objections are raised.
The Commission reserves the right to amend, modify or withdraw this EOI report at any time without prior notice and without liability to compensate or reimburse any party or person.