Please note that most Acts are published in English and another South Africanofficial language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the otherlanguage is printed on uneven numbered pages.
No. 68 of 2008: Consumer Protection Act, 2008.
To promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote responsible consumer behaviour, to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements, to establish the National Consumer Commission, to repeal sections 2 to 13 and sections 16 to 17 of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), the Business Names Act, 1960 (Act No. 27 of 1960), the Price Control Act, 1964 (Act No. 25 of 1964), the Sales and Service Matters Act, 1964 (Act No. 25 of 1964), the Trade Practices Act, 1976 (Act No. 76 of 1976), the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988), and to make consequential amendments to various other Acts; and to provide for related incidental matters.
That recent and emerging technological changes, trading methods, patterns and agreements have brought, and will continue to bring, new beneï¬ts, opportunities and challenges to the market for consumer goods and services within South Africa; and That it is desirable to promote an economic environment that supports and strengthens a culture of consumer rights and responsibilities, business innovation and enhanced performance.
facilitate the freedom of consumers to associate and form groups to advocate and promote their common interests; and promote consumer participation in decision-making processes concerning the marketplace and the interests of consumers.
is supplied with those goods by a producer, importer or other distributor; and in turn, supplies those goods to either another distributor or to a retailer; ''electronic communication'' means communication by means of electronic transmission, including by telephone, fax, sms, wireless computer access, email or any similar technology or device; ''Electronic Communications and Transactions Act'' means the Electronic Communications and Transactions Act, 2002 (Act No.
a partnership or association; or a trust as deï¬ned in the Trust Property Act, 1988 (Act No.
''National Credit Act'' means the National Credit Act, 2005 (Act No.
subject to the jurisdiction of an 'ombud', or a 'statutory ombud', in terms of any national legislation, means that ombud, or statutory ombud; or a 'ï¬nancial institution', as deï¬ned in the Financial Services Ombud Schemes Act, 2004 (Act No.
''Promotion of Equality and Prevention of Unfair Discrimination Act'' means the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000); ''provincial consumer protection authority'' means a body established within the provincial sphere of government, and designated by the responsible Member of the Executive Council of a province to have general authority to deal with consumer protection matters within that province; ''public regulation'' means any national, provincial or local government legislation or subordinate legislation, or any licence, tariff, directive or similar authorisation issued by a regulatory authority or pursuant to any statutory authority; ''Registrar'' means the Registrar of Companies appointed in terms of the Companies Act, 1973 (Act No.
the provision of any education, information, advice or consultation, except advice that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, 2002 (Act No.
constitutes advice or intermediary services that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002); or is regulated in terms of the Long-term Insurance Act, 1998 (Act No. 52 of 1998), or the Short-term Insurance Act, 1998 (Act No.
a trade mark as deï¬ned in section 2(1) of the Trade Marks Act, 1993 (Act No.
having a character contemplated in section 40; or otherwise unethical or improper to a degree that would shock the conscience of a reasonable person; ''unit price'' means a price for any goods or services expressed in relation to a well-known measure such as quantity, weight, volume, duration or other measurable unit by which the goods or services are allocated; ''used goods'', when used in respect of any goods being marketed, means goods that have been previously supplied to a consumer, but does not include goods that have been returned to the supplier in terms of any right of return contemplated in this Act; and ''visual representation'' means any representation or illustration capable of being reproduced upon a surface, whether by printing or otherwise, but does not include a trade mark.
This Act must be interpreted in a manner that gives effect to the purposes set out in section 3.
appropriate international conventions, declarations or protocols relating to consumer protection; and any decision of a consumer court, ombud or arbitrator in terms of this Act, to the extent that such a decision has not been set aside, reversed or overruled by the High Court, the Supreme Court of Appeal or the Constitutional Court.
an advanced electronic signature, as deï¬ned in the Electronic Communications and Transactions Act; or an electronic signature, as deï¬ned in the Electronic Communications and Transactions Act.
The supplier must take reasonable measures to prevent the use of a consumer's electronic signature for any purpose other than the signing or initialling of the particular document that the consumer intended to sign or initial.
Despite the periods of time set out in section 6, each successive threshold determined by the Minister in terms of that section continues in effect until a subsequent threshold in terms of that section takes effect.
Unless the context indicates otherwise, any use of the word ''includes'' or ''including'' in relation to a deï¬ned or generic word or expression, on the one hand, and one or more enumerated examples or speciï¬c items, on the other, is not to be construed as limiting the deï¬ned or generic expression to the examples or items so enumerated.
If there is an inconsistency between any provision of Chapter 5 of this Act and a provision of the Public Finance Management Act, 1999 (Act No. 1 of 1999), or the Public Service Act, 1994 (Proclamation No. 103 of 1994), the provisions of the Public Finance Management Act, 1999, or of the Public Service Act, 1994, as the case may be, prevail.
the provisions of both Acts apply concurrently, to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and to the extent that paragraph (a) cannot apply, the provision that extends the greater protection to a consumer prevails over the alternative provision, provided that in the case of hazardous chemical products only the provisions of this Act relating to consumer redress will apply.
No provision of this Act must be interpreted so as to preclude a consumer from exercising any rights afforded in terms of the common law.
providing for a consistent, accessible and efficient system of consensual resolution of disputes arising from consumer transactions; and providing for an accessible, consistent, harmonised, effective and efficient system of redress for consumers.
conduct research and propose policies to the Minister in relation to any matter affecting the supply of goods and services, including proposals for legislative, regulatory or policy initiatives that would improve the realisation and full enjoyment of their consumer rights by persons contemplated in subsection (1)(b).
a person acting in the public interest, with leave of the Tribunal or court, as the case may be; and an association acting in the interest of its members.
promote the spirit and purposes of this Act; and make appropriate orders to give practical effect to the consumer's right of access to redress, including, but not limited to- (aa) any order provided for in this Act; and (bb) any innovative order that better advances, protects, promotes and assures the realisation by consumers of their rights in terms of this Act.
If any provision of this Act, read in its context, can reasonably be construed to have more than one meaning, the Tribunal or court must prefer the meaning that best promotes the spirit and purposes of this Act, and will best improve the realisation and enjoyment of consumer rights generally, and in particular by persons contemplated in section 3(1)(b).
the circumstances of the transaction or agreement.
engage in any conduct that is unconscionable, misleading or deceptive, or that is reasonably likely to mislead or deceive; or make any representation about a supplier or any goods or services, or a related matter, unless the person has reasonable grounds for believing that the representation is true.
goods or services that are supplied or performed in terms of a transaction to which this Act applies, irrespective of whether any of those goods or services are offered or supplied in conjunction with any other goods or services, or separate from any other goods or services; and goods that are supplied in terms of a transaction that is exempt from the application of this Act, but only to the extent provided for in subsection (5).
giving effect to a collective bargaining agreement within the meaning of section 23 of the Constitution and the Labour Relations Act, 1995 (Act No. 66 of 1995); or giving effect to a collective agreement as deï¬ned in section 213 of the Labour Relations Act, 1995 (Act No. 66 of 1995).
any other national legislation; or any treaty, international law, convention or protocol.
only to the extent that the relevant regulatory scheme ensures the achievement of the purposes of this Act at least as well as the provisions of this Act; and subject to any limits or conditions necessary to ensure the achievement of the purposes of this Act.
If any goods are supplied within the Republic to any person in terms of a transaction that is exempt from the application of this Act, those goods, and the importer or producer, distributor and retailer of those goods, respectively, are nevertheless subject to sections 60 and 61.
a franchise agreement or an agreement supplementary to a franchise agreement; and the supply of any goods or services to a franchisee in terms of a franchise agreement.
Despite subsection (2)(b), this Act applies to a transaction contemplated in subsection (6)(b) to (e) irrespective of whether the size of the juristic person falls above or below the threshold determined in terms of section 6.
operates on a for-proï¬t basis or otherwise; or is an individual, juristic person, partnership, trust, organ of state, an entity owned or directed by an organ of state, a person contracted or licensed by an organ of state to offer or supply any goods or services, or is a public-private partnership; or is required or licensed in terms of any public regulation to make the supply of the particular goods or services available to all or part of the public.
On the early effective date as determined in accordance with item 2 of Schedule 2, and subsequently at intervals of not more than ï¬ve years, the Minister, by notice in the Gazette, must determine a monetary threshold applicable to the size of the juristic person for the purposes of section 5(2)(b).
The initial threshold determined by the Minister in terms of this section takes effect on the general effective date as determined in accordance with item 2 of Schedule 2, and each subsequent threshold takes effect six months after the date on which it is published in the Gazette.
include any prescribed information, or address any prescribed categories of information; and comply with the requirements of section 22.
A franchisee may cancel a franchise agreement without cost or penalty within 10 business days after signing such agreement, by giving written notice to the franchisor.
The Minister may prescribe information to be set out in franchise agreements, generally, or within speciï¬c categories or industries.
target particular communities, districts, populations or market segments for exclusive, priority or preferential supply of any goods or services; or exclude a particular community, district, population or market segment from the supply of any goods or services offered by the supplier, on the basis of one or more grounds of unfair discrimination contemplated in section 9 of the Constitution or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act.
determining whether to continue, enforce, seek judgment in respect of, or terminate a transaction or agreement; or determining whether to report, or reporting, any personal information of such person.
Subsections (1) and (2) also apply in respect of a consumer that is an association or juristic person, to prohibit unfair discrimination against that association or juristic person based on the characteristics of any natural person who is a member, associate, owner, manager, employee, client or customer of that association or juristic person.
ï¬nd that any such conduct constitutes unfair discrimination within the meaning of the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act.
is a minor who has not yet attained a speciï¬ed age; or is an adult who has attained a speciï¬ed age of at least 60 years.
provide and designate separate but substantially equivalent facilities for the exclusive use of persons of each gender; or offer to supply or provide access to a facility exclusively to persons of one gender.
It is not a contravention of section 8 for a supplier to market any goods or services in a manner that implies or expresses a preference for a particular group of consumers who are distinguishable from the general population on the basis of a ground of discrimination set out in section 9(3) of the Constitution, if the particular goods or services are reasonably intended or designed to satisfy any speciï¬c needs or interests that are common to, or uniquely characteristic of, that particular group of consumers.
assess the reasonableness of any conduct, to the extent contemplated in subsections (1)(b) or (c), (2) or (3), and determine whether any conduct not reasonably justiï¬ed, as contemplated in those subsections, constitutes unfair discrimination within the meaning of the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act; or determine whether any conduct contemplated in section 8 was fair in the circumstances of a particular transaction or the marketing of any particular goods or services, as the case may be.
ï¬le a complaint with the Commission, which must refer the complaint to the equality court, if the complaint appears to be valid.
the supplier, when called upon to do so, has refused or failed to offer an alternative reasonable and justiï¬able explanation for the difference in treatment.
require another person to discontinue; or in the case of an approach other than in person, to pre-emptively block, any approach or communication to that person, if the approach or communication is primarily for the purpose of direct marketing.
To facilitate the realisation of each consumer's right to privacy, and to enable consumers to efficiently protect themselves against the activities contemplated in subsection (1), a person who has been approached for the purpose of direct marketing may demand during or within a reasonable time after that communication that the person responsible for initiating the communication desist from initiating any further communication.
The Commission may establish, or recognise as authoritative, a registry in which any person may register a pre-emptive block, either generally or for speciï¬c purposes, against any communication that is primarily for the purpose of direct marketing.
made a demand contemplated in subsection (2); or registered a relevant pre-emptive block as contemplated in subsection (3).
No person may charge a consumer a fee for making a demand in terms of subsection (2) or registering a pre-emptive block as contemplated in subsection (3).
The Minister may prescribe regulations for the operation of a registry contemplated in subsection (3).
A supplier must not engage in any direct marketing directed to a consumer at home for any promotional purpose during a prohibited period prescribed in terms of this section, except to the extent that the consumer has expressly or implicitly requested or agreed otherwise.
In order to protect the privacy of consumers, the Minister, by notice in the Gazette, may prescribe speciï¬c days, dates, public holidays or times of days for the purpose of subsection (1).
offers bundled goods or services separately and at individual prices.
Except to the extent that any other law provides otherwise, in any transaction between a franchisee and franchisor in terms of their franchise agreement, it is a defence to an allegation that the franchisor, as supplier to the franchisee, has contravened this section if any goods or services that the franchisee was required to purchase from or at the direction of the franchisor are reasonably related to the branded products or services that are the subject of the franchise agreement.
This section does not apply to transactions between juristic persons regardless of their annual turnover or asset value.
directs the supplier to terminate the agreement on the expiry date; or agrees to a renewal of the agreement for a further ï¬xed term.
may impose a reasonable cancellation penalty with respect to any goods supplied, services provided, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended ï¬xed term, if any; and must credit the consumer with any amount that remains the property of the consumer as of the date of cancellation, as prescribed in terms of subsection (4).
the manner, form and basis for determining the reasonableness of credits and charges contemplated in subsection (3); and other incidental matters as required to provide for the proper administration of this section.
the service provider has, or takes, possession of that property for the purpose contemplated in this paragraph; or in any other case, the consumer requests an estimate before any services or goods are supplied.
declined the offer of an estimate, and authorised the work; or pre-authorised any charges up to a speciï¬ed maximum, and the amount charged does not exceed that maximum.
any cost of performing any diagnostic work, disassembly or re-assembly required in order to prepare an estimate; or any damage to or loss of material or parts in the course of preparing an estimate, unless, before preparing the estimate the service provider has disclosed the price for preparing that estimate, and the consumer has approved it.
the service provider has informed the consumer of the additional estimated charges; and the consumer has authorised the work to continue.
The Minister may, by notice in the Gazette, prescribe a monetary threshold for the purpose of subsection (1)(a).
This section does not apply to a transaction if section 44 of the Electronic Communications and Transactions Act applies to that transaction.
To the extent that this section applies to a transaction or agreement, it is in addition to and not in substitution for any right to rescind a transaction or agreement that may otherwise exist in law between a supplier and a consumer.
the transaction or agreement was concluded; or the goods that were the subject of the transaction were delivered to the consumer.
receiving notice of the rescission, if no goods had been delivered to the consumer in terms of the transaction; or receiving from the consumer any goods supplied in terms of the transaction; and not attempt to collect any payment in terms of a rescinded transaction, except as permitted in terms of section 20(6).
This section does not apply to a franchise agreement, or in respect of any special-order goods.
Subject to subsections (3) and (4), a consumer has the right to cancel any advance booking, reservation or order for any goods or services to be supplied.
require payment of a reasonable deposit in advance; and impose a reasonable charge for cancellation of the order or reservation, subject to subsection (5).
the reasonable potential for the service provider, acting diligently, to ï¬nd an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation; and the general practice of the relevant industry.
A supplier may not impose any cancellation fee in respect of a booking, reservation or order if the consumer is unable to honour the booking, reservation or order because of the death or hospitalisation of the person for whom, or for whose beneï¬t the booking, reservation or order was made.
Despite any statement or notice to the contrary, a consumer is not responsible for any loss or damage to any goods displayed by a supplier, unless the loss or damage results from action by the consumer amounting to gross negligence or recklessness, malicious behaviour or criminal conduct.
If any goods are displayed in or sold from open stock, the consumer has the right to select or reject any particular item from that stock before completing the transaction.
If the consumer has agreed to purchase goods solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample, as the case may be.
If a supply of goods is by sample, as well as by description, it is not sufficient that any of the goods correspond with the sample if the goods do not also correspond with the description.
the supply of goods or services to a franchisee in terms of a franchise agreement; or a transaction if the performance of that transaction is governed by section 46 of the Electronic Communications and Transactions Act.
at the cost of the supplier, in the case of delivery of goods; or the agreed place of delivery of goods or performance of services is the supplier's place of business, if the supplier has one, and if not, the supplier's residence; and goods to be delivered remain at the supplier's risk until the consumer has accepted delivery of them, in accordance with this section.
If an agreement does not provide a speciï¬c date or time for delivery of any goods or performance of any services, the supplier must not require that the consumer accept delivery or performance of the services at an unreasonable time.
the consumer does anything in relation to the goods that would be inconsistent with the supplier's ownership of them; or after the lapse of a reasonable time, the consumer retains the goods without intimating to the supplier that the consumer has rejected delivery of them, subject to subsection (5).
are of a type and quality reasonably contemplated in the agreement, and meet the tests set out in section 18(3) and (4); and in the case of a special-order agreement, reasonably conform to the material speciï¬cations of the special order.
require the delivery or performance at the agreed location, date and time, if that date and time have not yet passed; or cancel the agreement without penalty, treating any delivered goods or performed services as unsolicited goods or services in accordance with section 21.
accept delivery of the goods that are in accordance with the agreement and reject the rest; or reject all of the delivered goods.
the right to return unsafe or defective goods, contemplated in section 56; or any other right in law between a supplier and consumer to return goods and receive a refund.
a mixture of goods, and the consumer has refused delivery of any of those goods, as contemplated in section 19(8); or goods intended to satisfy a particular purpose communicated to the supplier as contemplated in section 55(3), and within 10 business days after delivery to the consumer, the goods have been found to be unsuitable for that particular purpose.
for reasons of public health or otherwise, a public regulation prohibits the return of those goods to a supplier once they have been supplied to, or at the direction of, a consumer; or after having been supplied to, or at the direction of, the consumer, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
subsection (2)(a) must be returned to the supplier at the consumer's risk and expense; or subsection (2)(b) to (d) must be returned to the supplier at the supplier's risk and expense, within 10 business days after delivery to the consumer.
Upon return of any goods in terms of this section, the supplier must refund to the consumer the price paid for the goods, less any amount that may be charged in terms of subsection (6).
as contemplated in paragraph (b); and for necessary restoration costs to render the goods ï¬t for re-stocking, unless, having regard to the nature of the goods, and the manner in which they were packaged, it was necessary for the consumer to destroy the packaging in order to determine whether the goods- (aa) conformed to the description or sample provided, in the case of goods that had not been examined by the consumer before delivery, as contemplated in subsection (2)(b);or (bb) were ï¬t for the intended purpose, in a case contemplated in subsection (2)(d).
if a supplier delivers a larger quantity of goods than the consumer agreed to buy, the excess goods are unsolicited unless the consumer has rejected the entire delivery, as contemplated in section 19(7)(a);or if any goods have been delivered to, or any services performed for, a consumer by or on behalf of a supplier without the consumer having expressly or implicitly requested that delivery or performance, the goods or services, as the case may be, are unsolicited goods.
those goods are clearly addressed to another person, and have obviously been misdelivered; or having regard to the circumstances of the delivery, if would be apparent to the ordinary alert consumer that the goods were intended to be delivered to another person, the goods become unsolicited goods only if the recipient informs the apparent supplier or the deliverer that the goods were misdelivered, and the goods are not recovered within the following 20 business days.
is not responsible for any cost pertaining to the recovery of the goods or further delivery of them to another person; and is not liable for any loss or damage to the goods during the time they are in the person's possession or control, other than loss caused by the person's intentional interference with the goods, if any.
A person who fails to comply with subsection (3)(a) is liable to the supplier or deliverer, as the case may be, for any additional costs for recovery of, or damage to, the goods arising as a result of anything done to frustrate or impede the lawful recovery of those goods.
retain the goods; or return the goods to the apparent supplier or deliverer at the risk and expense of the supplier or deliverer, as the case may be.
the property in those goods passes unconditionally to the person, subject only to any right or valid claim that an uninvolved third party may have with respect to those goods; and the person who supplied or delivered those goods is liable to any other person in respect of any right or valid claim relating to such goods.
A retailer is not required to display a price for any goods that are displayed predominantly as a form of advertisement of the supplier, or of goods or services, in an area within the supplier's premises to which the public does not ordinarily have access.
a time is speciï¬ed in the catalogue, brochure, circular or similar form of publication as the time after which the goods may not be sold at that price, and that time has not yet passed; or in any other case, the catalogue, brochure, circular or similar form of publication is dated, and in the circumstances may reasonably be regarded as not out of date.
higher than the displayed price for those goods or services; or if more than one price is concurrently displayed, higher than the lower or lowest of the prices so displayed.
Subsection (6) does not apply in respect of the price of any goods or services if the price of those goods or services is determined by or in terms of any public regulation.
If a price that was once displayed has been fully covered and obscured by a second displayed price, that second price must be regarded as the displayed price.
correcting the error in the displayed price; and taking reasonable steps in the circumstances to inform consumers to whom the erroneous price may have been displayed of the error and the correct price.
A supplier is not bound by a price displayed in relationship to any goods or services if an unauthorised person has altered, defaced, covered, removed or obscured the price displayed or authorised by the supplier.
A person has no obligation to pay a supplier for unsolicited goods or services, or a deliverer for the cost of delivery of any unsolicited goods.
A supplier must not demand or assert any right to, or attempt to collect, any payment from a consumer in respect of any charge relating to unsolicited goods left in the possession of a consumer, or the delivery of any such goods, or unsolicited services 5 supplied to or for the beneï¬t of, a consumer, except as contemplated in subsection (4).
No. 55 of 1975.
in plain language, if no form has been prescribed for that notice, document or 20 visual representation.
the use of any illustrations, examples, headings or other aids to reading and understanding.
The Commission may publish guidelines for methods of assessing whether a notice, document or visual representation satisï¬es the requirements of subsection (1)(b).
Guidelines published in terms of subsection (3) may be published for public comment.
Disclosure of price of goods or services 40 23.
section 43 of the Electronic Communications and Transactions Act applies to that transaction.
In this section, ''price'' includes a unit price.
Subject to subsection (4), a retailer must not display any goods for sale without displaying to the consumer a price in relation to those goods.
unless the supplier has applied two or more prices immediately to the goods or services concerned, and the difference between the highest and lower or lowest of those applied prices is equivalent to the advertised or placarded reduction in price.
displayed together with, or in proximity to, the goods in a manner that is likely to lead to the belief that the goods are designated or described by that description; or is contained in any sign, advertisement, catalogue, brochure, circular, wine list, invoice, business letter, business paper or other commercial communication on the basis of which a consumer may request or order the goods.
knowingly apply to any goods a trade description that is likely to mislead the consumer as to any matter implied or expressed in that trade description; or alter, deface, cover, remove or obscure a trade description or trade mark applied to any goods in a manner calculated to mislead consumers.
a trade description applied to those goods is likely to mislead the consumer as to any matter implied or expressed in that trade description; or a trade description or trade mark applied to those goods has been altered as contemplated in subsection (2)(b); and with respect to any goods within the retailer's control, take reasonable steps to prevent any other person from doing anything contemplated in paragraph (a) or subsection (2)(b).
the rules to be used in accordance with any international agreement for the purpose of determining the country of origin of any goods or components of any goods; and the information that is required to be included in any trade description, from among the categories of information contemplated in the deï¬nition of ''trade description'' in section 1.
the country of origin of the goods; and any other prescribed information.
Any person who produces, supplies, imports or packages any prescribed goods must display on, or in association with the packaging of those goods, a notice in the prescribed manner and form that discloses the presence of any genetically modiï¬ed ingredients or components of those goods in accordance with applicable regulations.
have been reconditioned, rebuilt or remade; and that bear the trade mark of the original producer or supplier, must apply a conspicuous notice to those goods stating clearly that they have been reconditioned, rebuilt or remade, as the case may be.
A person who markets any goods that bear a trade mark, but have been imported without the approval or licence of the registered owner of that trade mark, must apply a conspicuous notice to those goods in the prescribed manner and form.
section 43 of the Electronic Communications and Transactions Act applies to that transaction; or the transaction has been exempted in terms of subsection (3).
A supplier of goods or services must provide a written record of each transaction to the consumer to whom any goods or services are supplied.
the amount of any applicable taxes; and the total price of the transaction, including any applicable taxes.
The Minister may, by notice in the Gazette, exempt categories of goods or services, or circumstances of trade, from the application of subsections (2) and (3).
any person whom the intermediary solicits or agrees to represent with respect to the sale of any property or services, or from whom the intermediary accepts any property for the purpose of offering it for sale; and any person from whom the intermediary solicits an offer, or to whom the intermediary offers to supply or supplies- (aa) any service to be performed by a third person; or (bb) any goods or property belonging to a third person; and keep the prescribed records of all relationships and transactions contemplated in this section.
the liquidator of an insolvent estate, in respect of any property of that estate; or a trustee in respect of any trust property.
the information, including the manner and form of delivery of any such information, that an intermediary, or different categories of intermediary, must provide in terms of this section; and any records, including the form and content of any such records, that an intermediary, or different categories of intermediary, must keep in terms of this section.
visibly wear or display a badge or similar identiï¬cation device that satisï¬es any prescribed standards; or provide suitable identiï¬cation on request by the consumer.
the sponsoring of any event; or any other material aspect of the goods or services.
A supplier must not advertise any particular goods or services as being available at a speciï¬ed price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price.
If a supplier advertises particular goods or services as being available at a speciï¬ed price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits.
accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted.
offer to enter into or modify an agreement for the supply of any goods or services; or induce a person to accept any goods or services or to enter into or modify such an agreement, on the basis that the goods or services are to be supplied, or the agreement or modiï¬cation will automatically come into existence, unless the consumer declines such offer or inducement.
An agreement purportedly entered into as a result of an offer or inducement contemplated in subsection (1) is void.
A modiï¬cation of an agreement purportedly agreed to as a result of an offer or inducement contemplated in subsection (1) is void.
A person who is directly marketing any goods or services, and who concludes a transaction or agreement with a consumer, must inform the consumer, in the prescribed manner and form, of the right to rescind that agreement, as set out in section 16.
If a person who has marketed any goods as contemplated in subsection (1) left any goods with the consumer without requiring or arranging payment for them, those goods are unsolicited goods, to which section 21 applies.
a franchise agreement; or a transaction if Chapter 7 of the Electronic Communications and Transactions Act applies to it.
telephonically, if the contact is initiated by the consumer; or by postal order or fax, or in any similar manner in which, with respect to goods, the consumer does not have the opportunity to inspect the goods that are the subject of the transaction before concluding the agreement.
the manner and form in which a complaint may be lodged; and any other prescribed information.
a loyalty programme, loyalty credit or award regulated in terms of section 35; or a promotional competition, as deï¬ned and regulated in terms of section 36.
In this section, ''promotional offer'' means an offer or promise, expressed in any manner, of any prize, reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services, irrespective of whether or not acceptance of the offer is conditional on the offeree entering into any other transaction.
fulï¬lling it other than as offered.
the steps required by a consumer to accept the offer or to receive the beneï¬t of the offer; and the particulars of any person from whom, any place where, and any date and time on or at which, the consumer may receive the prize, reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services or other discounted or free thing.
not require the consumer to accept an inferior quality of any such goods or services than those generally available to any other consumer on the same date who tenders a different form of consideration; and not impose any monetary charge for the administration, processing or handling of a transaction in respect of which the consumer tenders a trade coupon.
accepted the supplier's offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted; or unreasonably refused the supplier's offer.
Despite any provision in any law, agreement or notice to the contrary, for all purposes of this Act, loyalty credits or awards are a legal medium of exchange when offered or tendered as consideration for any goods or services offered, or transaction contemplated, in terms of that loyalty programme.
not providing it; or providing it in a manner other than as offered.
the steps required by a consumer to participate in the programme or to receive any beneï¬t in terms of the programme; and any person from whom, any place where, and any date and time on or at which, the consumer may gain access to the programme, or to any loyalty credit or awards in terms of the programme.
not impose any monetary charge in respect of the administration, processing or handling of such a transaction if the consumer is required to pay a periodic fee to remain a member of the programme; and not demand that the consumer purchase any other goods or services in connection with that transaction.
A sponsor of a loyalty programme, or a supplier of goods or services who accepts loyalty credits or awards as consideration for any particular goods or services, may impose a partial or complete restriction on the availability of any such goods or services in exchange for loyalty credits or awards during any speciï¬c period, if the programme sponsor has directly or indirectly given notice in writing to the members of that programme at least 20 business days before the beginning of that period, but the total of all such periods within a calendar year must not exceed 90 days.
accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted; or unreasonably refused that offer.
(11), irrespective of whether a participant is required to demonstrate any skill or ability before being awarded a prize.
if, before becoming eligible to receive the prize, the person is required to offer further consideration for the prize or to purchase any particular goods or services.
retain a copy of the competition rules for the prescribed period after the end of the competition.
a participant is required to pay any consideration, directly or indirectly, for the opportunity to participate in the promotional competition, for access to the competition or for any device by which a person may participate in the competition; or participation in the promotional competition requires the purchase of any goods or services, and the price charged for those goods or services is more than the price, excluding discounts, ordinarily charged for those or similar goods or services without the opportunity of taking part in a promotional competition.
a person may obtain a copy of the competition rules; and a successful participant may receive any prize.
is published during the time and throughout the area in which the promotional competition is conducted; and draws attention to and is clearly associated with the promotional competition.
complying with any conditions that are required to earn that right; and acquiring possession or control of the medium, if any, through which a person may participate in that promotional competition.
The right to any beneï¬t or right conferred on a person as a result of that person's participation in a promotional competition is fully vested immediately upon the determination of the results of the competition.
paying any consideration to the promoter for the prize; or satisfying any further requirements other than those stipulated in terms of subsection (5).
Section 35(5), read with the changes required by the context, applies equally in respect of any prize or right to a prize conferred on a person as a result of that person's participation in a promotional competition.
minimum standards and forms for keeping records associated with promotional competitions; and audit and reporting requirements in respect of promotional competitions.
represents to others as being practicable, to a considerable extent, to conduct the work, business or activity from their homes; or invites, solicits or requires other persons to perform any work, business or activity, invest money, or perform any work, business or activity in association with the investment of money.
The full name, or registered business name, of the person promoting the matter, and the address and contact numbers of that person's primary place of conducting the business; and the nature of the work, business, activity or investment.
A person must not place an advertisement contemplated in subsection (2) otherwise than in accordance with the requirements of this section.
A person who does anything contemplated in subsection (1)(a) to (c) must not charge any person a fee in respect of the promotion or conduct of any such work, business, activity or investment, except to the extent that the person charged has been assigned and performed the contemplated work, business, activity, or made or received the contemplated investment.
gives the supplier the names of consumers; or otherwise assists the supplier to supply goods or services to other consumers; and that rebate, commission or other beneï¬t is contingent upon an event occurring after the consumer agrees to the transaction.
A statement by a consumer, whether in an agreement or otherwise, to the effect that the consumer was motivated to enter into a transaction contemplated in subsection (1) predominately for the value of the goods or services, rather than for the rebate, commission or beneï¬t, is not a defence to an allegation that a person has contravened subsection (1).
This section does not apply to a franchise agreement.
the agreement has not been ratiï¬ed by either- (aa) an adult responsible for that minor; or (bb) the consumer after being emancipated or becoming an adult.
induced the supplier to believe that the consumer had an unfettered legal capacity to contract; or attempted to obscure or suppress the fact that the consumer did not have an unfettered legal capacity to contract.
demand for, or collection of, payment for goods or services by a consumer; or recovery of goods from a consumer.
In addition to any conduct contemplated in subsection (1), it is unconscionable for a supplier knowingly to take advantage of the fact that a consumer was substantially unable to protect the consumer's own interests because of physical or mental disability, illiteracy, ignorance, inability to understand the language of an agreement, or any other similar factor.
Section 51 applies to any court proceedings concerning this section.
use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception; or fail to correct an apparent misapprehension on the part of a consumer, amounting to a false, misleading or deceptive representation, or permit or require any other person to do so on behalf of the supplier.
falsely represent that the person has any sponsorship, approval or affiliation; or engage in any conduct that the supplier is prohibited from engaging in under subsection (1).
a particular solicitation of, or communication with, the consumer is for a particular purpose; or the consumer will derive a particular beneï¬t if they assist the supplier in obtaining a new or potential customer.
by or on behalf of the producer, importer, distributor or retailer; and for the purposes of reasonable testing, service, preparation or delivery.
the communication is authorised by another person; or the author of the communication represents another person.
a fraudulent transfer of property or legal rights, as described in subsection (5); or any other scheme declared by the Minister in terms of subsection (8), or cause another person to do so.
producing currency by washing, dipping or otherwise treating any substance that is not currency with a chemical substance, or exposing it to an electrical charge, or to radiation of any kind; or producing currency, or increasing a sum of money, through scientiï¬c means, invocation of any juju or use of other invisible medium; or making or issuing any currency, or making representations as being capable of doing so, unless the person is an authorised producer of that currency.
conceal or disguise the nature, location, source of ownership or control of the proceeds of a speciï¬ed unlawful activity; or avoid a lawful transaction.
deliver property at the direction of the ï¬rst person; or confer a beneï¬t of any kind on any person at the direction of the ï¬rst person on the understanding that the beneï¬t has or will be paid for.
information relating to the whereabouts of any property or relating to any legal rights or potential legal claims; or has the ability to effect the transfer of any property or to locate or determine the whereabouts of an individual.
invite another person to participate for a fee in assisting to effect a transfer of any property that the ï¬rst person is not authorised to transfer; or seek, demand or accept any consideration from another person in connection with any unlawful activity contemplated in this section.
The Minister, by regulation made in accordance with section 120, may declare any arrangement, agreement, practice or scheme to be a scheme contemplated in subsection (2)(d), if it is similar in purpose or effect to a scheme contemplated in that subsection.
''participant'' means a person who is admitted to a scheme for consideration.
a chain letter scheme, as described in subsection (5); or any other scheme declared by the Minister in terms of subsection (6), or cause any other person to do so.
A multiplication scheme exists when a person offers, promises or guarantees to any consumer, investor or participant an effective annual interest rate, as calculated in the prescribed manner, that is at least 20 per cent above the REPO Rate determined by the South African Reserve Bank as at the date of investment or commencement of participation, irrespective of whether the consumer, investor or participant becomes a member of the lending party.
participants in the scheme receive compensation derived primarily from their respective recruitment of other persons as participants, rather than from the sale of any goods or services; or the emphasis in the promotion of the scheme indicates an arrangement or practice contemplated in paragraph (a).
upon recruiting further new participants, or upon those new participants recruiting further new participants, and so on in continual succession- (aa) may participate in the distribution of the consideration paid by any such new recruit; and (bb) moves to a higher level within the scheme, until being removed from the scheme after reaching the highest level.
such a charge or encumbrance is disclosed in writing to the consumer before the transaction or agreement is concluded; or the supplier and consumer have colluded to defraud the third party; and the supplier guarantees that the consumer is to have and enjoy quiet possession of the goods, subject to any charge or encumbrance disclosed as contemplated in paragraph (c)(i).
If, as a result of any transaction or agreement in which goods are supplied to a consumer, a right or claim of a third party pertaining to those goods is infringed or compromised the supplier is liable to the third party to the extent of the infringement or compromise of that person's rights pertaining to those goods, except to the extent of a charge or encumbrance disclosed as contemplated in subsection (1)(c)(i).
In this section, ''auction'' includes a sale in execution of or pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction.
When goods are put up for sale by auction in lots, each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.
A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.
a reserved or upset price; or a right to bid by or on behalf of the owner or auctioneer, in which case the owner or auctioneer, or any one person on behalf of the owner or auctioneer, as the case may be, may bid at the auction.
the auctioneer must not knowingly accept any bid from a person contemplated in paragraph (a); and the consumer may approach a court to declare the transaction fraudulent, if this subsection has been violated.
the records to be maintained with respect to property placed for auction; and the sale of any such property by auction.
The supply of goods or services as a result of a change to an existing agreement, or a deferral or waiver of a right under an existing agreement, is not to be treated as creating a new agreement for the purposes of this Act, if the change, deferral or waiver is made in accordance with this Act or the agreement.
from the date of delivery of the substituted goods, the transaction applies to the substituted goods rather than the goods originally described; and if the transaction was the subject of a written agreement, or the sales record identiï¬ed any speciï¬c goods, the supplier must prepare and deliver to the consumer an amended agreement or sales record, describing the substituted goods, but without making any other changes to the original document.
a franchise agreement; or a consumer agreement pertaining to the supply of any special-order goods.
has no reasonable basis to assert an intention to supply those goods or provide those services; or intends to supply goods or services that are materially different from the goods or services in respect of which the payment or consideration was accepted.
refund to the consumer the amount, if any, paid in respect of that commitment or reservation, together with interest at the prescribed rate from the date on which the amount was paid until the date of reimbursement; and in addition, compensate the consumer for costs directly incidental to the supplier's breach of the contract, except to the extent that subsection (5) provides otherwise.
the shortage of stock or capacity is due to circumstances beyond the supplier's control, subject to subsection (6); and the supplier took reasonable steps to inform the consumer of the shortage of stock or capacity as soon as it was practicable to do so in the circumstances.
Without limiting the generality of subsection (5)(a), a shortage of stock or capacity is not ''due to circumstances beyond the supplier's control'' if the shortage results partially, completely, directly or indirectly from a failure on the part of the supplier to adequately and diligently carry out any ordinary or routine matter pertaining to the supplier's business.
waive any liability of the supplier, on terms that are unfair, unreasonable or unjust, or impose any such terms as a condition of entering into a transaction.
the term, condition or notice is unfair, unreasonable, unjust or unconscionable; or the fact, nature and effect of that term, condition or notice was not drawn to the attention of the consumer in a manner that satisï¬ed the applicable requirements of section 49.
impose an obligation on the consumer to indemnify the supplier or any other person for any cause; or be an acknowledgement of any fact by the consumer, must be drawn to the attention of the consumer in a manner and form that satisï¬es the formal requirements of subsections (3) to (5).
the presence of which the consumer could not reasonably be expected to be aware or notice, or which an ordinarily alert consumer could not reasonably be expected to notice or contemplate in the circumstances; or that could result in serious injury or death, the supplier must speciï¬cally draw the fact, nature and potential effect of that risk to the attention of the consumer in a manner and form that satisï¬es the requirements of subsections (3) to (5), and the consumer must have assented to that provision or notice by signing or initialling the provision or otherwise acting in a manner consistent with acknowledgement of the notice, awareness of the risk and acceptance of the provision.
A provision, condition or notice contemplated in subsection (1) or (2) must be written in plain language, as described in section 22.
enters into the transaction or agreement, begins to engage in the activity, or enters or gains access to the facility; or is required or expected to offer consideration for the transaction or agreement.
The consumer must be given an adequate opportunity in the circumstances to receive and comprehend the provision or notice as contemplated in subsection (1).
The Minister may prescribe categories of consumer agreements that are required to be in writing.
satisfy the requirements of section 22; and set out an itemised break-down of the consumer's ï¬nancial obligations under such agreement.
If a consumer agreement between a supplier and a consumer is not in writing, a supplier must keep a record of transactions entered into over the telephone or any other recordable form as prescribed.
deposit with the supplier, or with any other person at the direction of the supplier, an identity document, credit or debit card, bank account or automatic teller machine access card, or any similar identifying document or device; or provide a personal identiï¬cation code or number to be used to access an account.
give the supplier temporary or permanent possession of an instrument referred to in subsection (1)(j)(i) other than for the purpose of identiï¬cation, or to make a copy of such instrument; or reveal any personal identiï¬cation code or number contemplated in subsection (1)(j)(ii); or direct, or knowingly permit, any other person to do anything referred to in this section on behalf or for the beneï¬t of the supplier.
A purported transaction or agreement, provision, term or condition of a transaction or agreement, or notice to which a transaction or agreement is purported to be subject, is void to the extent that it contravenes this section.
This section does not preclude a supplier to require a personal identiï¬cation code or number in order to facilitate a transaction that in the normal course of business necessitates the provision of such code or number.
the supplier contravened section 40, 41 or 48; and this Act does not otherwise provide a remedy sufficient to correct the relevant prohibited conduct, unfairness, injustice or unconscionability, the court, after considering the principles, purposes and provisions of this Act, and the matters set out in subsection (2), may make an order contemplated in subsection (3).
the amount for which, and circumstances under which, the consumer could have acquired identical or equivalent goods or services from a different supplier; and in the case of supply of goods, whether the goods were manufactured, processed or adapted to the special order of the consumer.
requiring the supplier to cease any practice, or alter any practice, form or document, as required to avoid a repetition of the supplier's conduct.
make any further order that is just and reasonable in the circumstances with respect to that agreement, provision or notice, as the case may be.
''unsafe'' means that, due to a characteristic, failure, defect or hazard, particular goods present an extreme risk of personal injury or property damage to the consumer or to other persons.
the use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services; and the return of any property or control over any property of the consumer in at least as good a condition as it was when the consumer made it available to the supplier for the purpose of performing such services, having regard to the circumstances of the supply, and any speciï¬c criteria or conditions agreed between the supplier and the consumer before or during the performance of the services.
remedy any defect in the quality of the services performed or goods supplied; or refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.
This section does not apply to goods bought at an auction, as contemplated in section 45.
will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
ordinarily offers to supply such goods; or acts in a manner consistent with being knowledgeable about the use of those goods, the consumer has a right to expect that the goods are reasonably suitable for the speciï¬c purpose that the consumer has indicated.
the range of things that might reasonably be anticipated to be done with or in relation to the goods; and the time when the goods were produced and supplied.
it is irrelevant whether a product failure or defect was latent or patent, or whether it could have been detected by a consumer before taking delivery of the goods; and a product failure or defect may not be inferred in respect of particular goods solely on the grounds that better goods have subsequently become available from the same or any other producer or supplier.
has been expressly informed that particular goods were offered in a speciï¬c condition; and has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.
In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.
repair or replace the failed, unsafe or defective goods; or refund to the consumer the price paid by the consumer, for the goods.
replace the goods; or refund to the consumer the price paid by the consumer for the goods.
any other implied warranty or condition imposed by the common law, this Act or any other public regulation; and any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.
A service provider warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three months after the date of installation or such longer period as the supplier may specify in writing.
is void if the consumer has subjected the part, or the goods or property in which it was installed, to misuse or abuse; and does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinarily be used.
risk of which a consumer could not reasonably be expected to be aware, or which an ordinarily alert consumer could not reasonably be expected to contemplate, in the circumstances; or risk that could result in serious injury or death, must speciï¬cally draw the fact, nature and potential effect of that risk to the attention of consumers in a form and manner that meets the standards set out in section 49.
A person who packages any hazardous or unsafe goods for supply to consumers must display on or within that packaging a notice that meets the requirements of section 22, and any other applicable standards, providing the consumer with adequate instructions for the safe handling and use of those goods.
Subsection (2) does not apply to any hazardous or unsafe goods to the extent that a substantially similar label or notice has been applied in terms of any other public regulation.
any document required in terms of that subsection; or any similar document applied to those goods in terms of another public regulation.
any person who in the ordinary course of business supplies goods of that kind to consumers, must accept the return of any such goods, components, remnants, containers or packaging from any consumer, without charge to the consumer, irrespective of whether that person supplied the particular object to that particular consumer; and any person who in the ordinary course of business produces, imports or distributes any such goods as part of the supply chain by which those goods reach the consumer, must in turn accept the return of any such goods, components, remnants, containers or packaging from any supplier contemplated in paragraph (a).
If any regulation or industry waste management plan approved by any other legislation for the management of a speciï¬c waste type applies, the consumer may dispose or deposit the goods to a collection facility provided for in the regulation or industry waste management plan.
notify consumers of the nature, causes, extent and degree of the risk pertaining to those goods; and if the goods are unsafe, recall those goods for repair, replacement or refund.
conduct an investigation contemplated in subsection (1); or carry out a recall programme on any terms required by the Commission.
A producer or importer affected by a notice issued in terms of subsection (2) may apply to the Tribunal to set aside the notice in whole or in part.
a product failure, defect or hazard in any goods; or inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer, as the case may be.
A supplier of services who, in conjunction with the performance of those services, applies, supplies, installs or provides access to any goods, must be regarded as a supplier of those goods to the consumer, for the purposes of this section.
If, in a particular case, more than one person is liable in terms of this section, their liability is joint and several.
the latest date on which a person suffered any economic loss contemplated in subsection (5)(d).
any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable; and any economic loss that results from harm contemplated in paragraph (a), (b) or (c).
determine the extent and monetary value of any damages, including economic loss; or apportion liability among persons who are found to be jointly and severally liable.
each amount paid by the consumer to the supplier remains the property of the consumer, and is subject to section 65, until the goods have been delivered to the consumer; and the particular goods remain at the risk of the supplier until the goods have been delivered to the consumer.
the money paid by the consumer, with interest in accordance with the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), if the inability to supply the goods is due to circumstances beyond the supplier's control; or double the amount paid by the consumer, as compensation for breach of contract in any circumstances not contemplated in subparagraph (i).
Without limiting the generality of subsection (2)(b)(i), a failure to supply the goods is not ''due to circumstances beyond the supplier's control'' if the shortage results partially, completely, directly or indirectly from a failure on the part of the supplier to adequately and diligently carry out any ordinary or routine matter pertaining to the supplier's business.
may charge a termination penalty in respect of those goods, subject to subsections (5) and (6); and after deducting any such termination penalty, must refund to the consumer any amount paid by the consumer under that agreement.
if the consumer's failure to complete payment was due to the death or hospitalisation of the consumer; or in any other case, unless the supplier informed the consumer of the fact and extent of the penalty before the consumer entered into the lay-by agreement.
The Minister may prescribe a basis for calculating the maximum amount of a cancellation penalty contemplated in subsection (4).
accepts consideration from a person in exchange for a prepaid certiï¬cate, card, credit, voucher or similar device; and expressly or implicitly agrees to provide goods or services to any person who subsequently presents that certiï¬cate, card, credit, voucher or similar device, up to the value represented by it, but does not apply with respect to such a device, or the value represented by it, after all of the value of the device has been exchanged for goods, services or future access to services.
the date on which its full value has been redeemed in exchange for goods or services or future access to services; or three years after the date on which it was issued, or at the end of a longer or extended period agreed by the supplier at any time.
Any consideration paid by a consumer to a supplier in exchange for a prepaid certiï¬cate, card, credit, voucher or similar device contemplated in subsection (1) is the property of the bearer of that certiï¬cate, card, credit, voucher or similar device to the extent that the supplier has not redeemed it in exchange for goods or services, or future access to services.
a one-time or periodic membership fee or any similar charge; or any amount in respect of services or access to services to be provided at a date more than 25 business days after the payment is made, other than by way of a prepayment device contemplated in section 63, the amount so paid remains the property of the consumer until the supplier makes a charge against it in accordance with subsection (2).
A supplier may make a charge against the consumer's money contemplated in subsection (1) once each month in advance for the pro-rata portion of the amount so held, as required to pay the ensuing month's cost of the membership or service.
give written notice of that intention to such consumer at least 40 business days before the intended date of closure; and no later than ï¬ve business days after closing that facility, refund to such consumer the balance of any money belonging to that consumer in terms of this section.
Subsection (3)(b), read with the changes required by the context, applies equally in respect of any involuntary closing of a facility contemplated in this section.
a bank, as deï¬ned in the Banks Act, 1990 (Act No.
a mutual bank, as deï¬ned in the Mutual Banks Act, 1993 (Act No. 124 of 1993); or any other ï¬nancial institution that is similarly licensed and authorised to conduct business and take deposits from the public in terms of any national legislation.
in the handling, safeguarding and utilisation of that property, must exercise the degree of care, diligence and skill that can reasonably be expected of a person responsible for managing any property belonging to another person; and is liable to the owner of the property for any loss resulting from a failure to comply with paragraph (a) or (b).
in good faith; and without knowledge of the existence of the consumer's interest.
alter, or propose to alter, the terms or conditions of a transaction or agreement with the consumer, to the detriment of the consumer; or take any action to accelerate, enforce, suspend or terminate an agreement with the consumer.
alter the terms or conditions of any other transaction or agreement with another party to the impugned agreement, except to the extent necessary to correct a similarly unlawful provision; or take any action to accelerate, enforce, suspend or terminate another agreement with another party to the impugned agreement.
The Minister may, in consultation with the Minister of Environmental Affairs and Tourism, prescribe a minimum or maximum deposit that a supplier must or may require a consumer to pay in respect of the return of a bottle, container, pallet, reel or similar object used in respect of the packaging or delivery of any goods.
that the supplier charged for that object, or ordinarily charges for such an object, irrespective of whether the person returning the container paid a deposit for that object to that supplier.
return those parts or components to the consumer in a reasonably clean container, unless the consumer declined the return of any such parts or materials.
in terms of any public regulation, to be recovered or disposed of in a safe manner in the interests of environmental safety or public health and safety.
ï¬ling a complaint with the Commission in accordance with section 71; or approaching a court with jurisdiction over the matter, if all other remedies available to that person in terms of national legislation have been exhausted.
a person or entity providing conciliation, mediation or arbitration services to assist in the resolution of consumer disputes, other than an ombud with jurisdiction, or an accredited industry ombud; or applying to the consumer court of the province with jurisdiction over the matter, if there is such a consumer court, subject to the law establishing or governing that consumer court.
If an alternative dispute resolution agent concludes that there is no reasonable probability of the parties resolving their dispute through the process provided for, the agent may terminate the process by notice to the parties, whereafter the party who referred the matter to the agent may ï¬le a complaint with the Commission in accordance with section 71.
record the resolution of that dispute in the form of an order, and if the parties to the dispute consent to that order, submit it to the Tribunal or the High Court to be made a consent order, in terms of its rules.
With the consent of a complainant, a consent order conï¬rmed in terms of subsection (3)(b) may include an award of damages to that complainant.
Any person may ï¬le a complaint concerning a matter contemplated in section 69 (1)(c)(ii) or (2)(b) with the Commission in the prescribed manner and form, alleging that a person has acted in a manner inconsistent with this Act.
an accredited consumer protection group.
refer the complaint to another regulatory authority with jurisdiction over the matter for investigation; or direct an inspector to investigate the complaint as quickly as practicable, in any other case.
At any time during an investigation, the Commission may designate one or more persons to assist the inspector conducting the investigation contemplated in subsection (1).
issue a compliance notice in terms of section 100.
there is a consumer court in that province; and the Commission believes that the issues raised by the complaint can be dealt with expeditiously and fully by such a referral; or to the Tribunal.
If the Commission refers a matter to a consumer court in terms of subsection (2)(a), any party to that referral may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to the Tribunal.
If an application has been made to the Tribunal in terms of subsection (3), the Tribunal may order that the matter be referred to it instead of the consumer court if the balance of convenience or interests of justice so require.
must conduct its proceedings in a manner consistent with the requirements applicable to hearings of the Tribunal; and may make any order that the Tribunal could have made after hearing that matter.
An order of a consumer court made after hearing a matter referred to in terms of this section has the same force and effect as if it had been made by the Tribunal.
If a matter has been investigated by the Commission, and the Commission and the respondent agree to the proposed terms of an appropriate order, the Tribunal or a court, without hearing any evidence, may conï¬rm that agreement as a consent order.
indicate any changes that must be made in the draft order before it will make the order; or refuse to make the order.
With the consent of a complainant, a consent order conï¬rmed in terms of subsection (1) may include an award of damages to the complainant.
the Tribunal, with leave of the Tribunal.
If a matter is referred directly to a consumer court in terms of subsection (1), the respondent may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to the Tribunal, and the provisions of section 73(4) apply to such an application.
A referral to the Tribunal, whether by the Commission or by a complainant in 10 terms of subsection (1), must be in the prescribed form.
151 of the National Credit Act, read with the changes required by the context.
an application for an extension of time, to the extent that the Tribunal has 25 authority to grant such an extension in terms of this Act.
award damages against a supplier for collective injury to all or a class of 35 consumers generally, to be paid on any terms or conditions that the court considers just and equitable and suitable to achieve the purposes of this Act.
to recover money paid if the consideration for the payment of it has failed.
participation in national and international associations, conferences or forums concerned with consumer protection matters.
intervene in any matter before any forum contemplated in this Act, if the interests of consumers represented by that group are not otherwise adequately represented in that forum.
In addition to any other authority set out in this Act, an accredited consumer protection group may direct a generally stated concern or complaint to the Commission in respect of any matter within the purposes of this Act.
engages in, or makes a realistic proposal to engage in, actions to promote and advance the consumer interests of persons contemplated in section 3(1)(b).
The Commission may impose reasonable conditions on the accreditation of a consumer protection group to further the purposes of this Act.
Commission to follow in assessing whether an applicant for accreditation meets the 40 requirements of this section.
a business name registered to, and for the use of, that person in terms of section 80, or any other public regulation.
if the activity is carried on under a business name, the name of the person to whom that business name is registered.
does anything contemplated in subsection (1) under a business name that is registered to another person, that other person may apply to the court for an order contemplated in subsection (4).
The court hearing an application contemplated in subsection (3)(c) may make an order directing a person to stop using a business name within a period, and on any terms, that the court considers just, equitable and expedient in the circumstances.
change a registered business name; or transfer a registered business name to another person.
a business name, or translation or change of a business name, as ï¬led, if it satisï¬es the requirements of section 81; or a transfer of a business name, as ï¬led.
the Registrar must notify the applicant accordingly; and the procedures set out in the Companies Act, 1973 (Act No. 61 of 1973), for resolving disputed names of companies, read with the changes required by the context, apply to the resolution of the disputed business name.
satisfactory evidence that the person is conducting business under the registered business name; or a reasonable explanation for not conducting business under that name as noted by the Registrar.
A person affected by a decision of the Registrar in terms of subsection (4) may apply to the Tribunal to review the determination.
round brackets used in pairs to isolate any part of the name, alone or in any combination.
a name of a juristic person incorporated in terms of the Companies Act, 1973 (Act No. 61 of 1973), the Close Corporations Act, 1984 (Act No. 69 of 1984), or the Co-operatives Act, 2005 (Act No.
a registered trade mark belonging to another person, or a mark in respect of which an application has been ï¬led in the Republic for registration as a trade mark or a well-known trade mark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No.
a mark, word or expression, the use of which is restricted or protected in terms of the Merchandise Marks Act, 1941 (Act No.
must not include any words, expression or symbol that, in isolation or in context within the name, fall into the category of expression contemplated in section 16(2) of the Constitution.
The Minister may prescribe additional commonly recognised symbols for use in business names, as contemplated in subsection (1)(c).
''proposal'' or ''proposed industry code'' includes any existing scheme that has been voluntarily established within an industry to regulate the conduct of persons conducting business within that industry.
prescribe an industry code on the recommendation of the Commission in terms of subsection (3); or withdraw all or part of a previously prescribed industry code, on the recommendation of the Commission in terms of subsection (5).
persons conducting business within the relevant industry; and relevant accredited consumer protection groups; and making any revisions to the proposed industry code as published for comment.
An industry code must be consistent with the purposes and policies of this Act.
may otherwise conduct a review contemplated in paragraph (a) at intervals of at least ï¬ve years; and after conducting a review contemplated in this subsection, and taking the steps required by subsection (3), may make further recommendations to the Minister, including a recommendation to amend or withdraw all or part of a previously prescribed code.
a proposed industry code provides for a scheme of alternative dispute resolution; and the Commission considers that the scheme is adequately situated and equipped to provide alternative dispute resolution services comparable to those generally provided in terms of any public regulation, the Commission, when recommending that code to the Minister, may also recommend that the scheme be accredited as an ''accredited industry ombud''.
monitoring in terms of paragraph (a);or a review in terms of subsection (5).
A supplier must not, in the ordinary course of business, contravene an applicable industry code.
Commission and one or more provincial consumer protection authorities, concerning the functions to be performed by them relating to consumer protection.
within a particular province, no provincial consumer protection authority has been established; or the Minister concludes on reasonable grounds that the provincial consumer protection authority within a particular province is unable to perform that function effectively, the Minister must consult with the responsible MEC of that province to determine the steps to be taken to ensure the fulï¬lment of that statutory obligation.
provide technical assistance or expertise to that provincial consumer protection authority.
At the request of the relevant MEC of a province, or a provincial consumer protection authority, the Commission may engage with that provincial consumer protection authority in co-operative activities to detect and suppress prohibited conduct or offences in terms of this Act, if there are reasonable grounds to believe that any such conduct or offences may be occurring within the province, or across its provincial 15 boundaries.
At the direction of the Minister, the Commission must engage with any relevant provincial consumer protection authority in co-operative activities to detect and suppress prohibited conduct or offences in terms of this Act, occurring within the province or across its provincial boundaries.
The Commission may request a provincial consumer protection authority to submit any report or information related to the activities of that provincial consumer protection authority to the Commission.
request the Commission to initiate a complaint in respect of any apparent prohibited conduct or offence in terms of this Act arising within that province.
The National Consumer Commission is hereby established as an organ of state within the public administration, but as an institution outside the public service.
an alleged contravention of this Act; or any matter or circumstances with respect to the purposes of this Act, whether or not those circumstances appear at the time of the direction to amount to a possible contravention of this Act.
is responsible for all matters pertaining to the functions of the Commission under this Act; and holds office for an agreed term not exceeding ï¬ve years.
Before the Minister makes an appointment in terms of subsection (1) the relevant Parliamentary Committee must be consulted with respect to such appointment.
A person may be reappointed as Commissioner on the expiry of an agreed term of office.
all assets, and the discharge of all liabilities of the Commission; and the proper and diligent implementation of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with respect to the Commission.
assign management or other duties to employees with appropriate skills to assist the Commission in the management, or control over the functioning, of the Commission; and delegate, with or without conditions, any of the powers or functions of the Commissioner to any suitably qualiï¬ed employee of the Commission, but any such delegation does not divest the Commissioner of responsibility for the exercise of any power or performance of any duty.
The Minister must appoint at least one person, and may appoint other persons with suitable qualiï¬cations and experience in economics, law, commerce, industry or public affairs as Deputy Commissioner to assist the Commissioner in carrying out the functions of the Commission.
the Commissioner is unable for any reason to perform the functions of the Commissioner; or the office of the Commissioner is vacant.
The Minister must, in consultation with the Minister of Finance, determine the Commissioner's and Deputy Commissioner's remuneration, allowances, beneï¬ts and other terms and conditions of employment.
may appoint any suitable employee of the Commission or any other suitable person employed by the State, as an inspector; and must issue each inspector with a certiï¬cate in the prescribed form stating that the person has been appointed as an inspector in terms of this Act.
is affected by the inspector's actions in terms of this Act; and requests to see the certiï¬cate; and has the powers of a peace officer as deï¬ned in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and may exercise the powers conferred on a peace officer by law.
The Commissioner may appoint or contract with any suitably qualiï¬ed person as an investigator to conduct research, audits, inquiries or other investigations on behalf of the Commission.
A person appointed in terms of subsection (3) is not an inspector within the meaning of this Act.
make private use of, or proï¬t from, any conï¬dential information obtained as a result of performing that person's official functions in the Commission; or divulge any information referred to in paragraph (c) to any third party, except as required as part of that person's official functions within the Commission.
income derived from its investment and deposit of surplus money in terms of subsection (2); and money accruing from any other source.
on a call or short-term ï¬xed deposit with any registered bank or ï¬nancial institution in the Republic; or in an investment account with the Corporation for Public Deposits established in terms of section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984).
begins on the early effective date, as deï¬ned in item 1 of Schedule 2; and ends on the next following 31 March.
At least once every ï¬ve years, the Minister must conduct an audit review of the exercise of the functions and powers of the Commission.
In addition to any other reporting requirement set out in this Act, the Commission must report to the Minister at least once every year on its activities, as required by the Public Finance Management Act, 1999 (Act No. 1 of 1999).
The Commission is responsible to carry out the functions and exercise the powers assigned to it by or in terms of this Act or any other national legislation.
have regard to international developments in the ï¬eld of consumer protection; or consult any person, organisation or institution with regard to any matter relating to consumer protection.
In respect to a particular matter within its jurisdiction or responsibility, the Commission may exercise its responsibility by way of an agreement contemplated in section 97(1)(b).
The Minister must prescribe at least two official languages to be used by the Commission in any documents it is required to deliver in terms of this Act, for all or any part of the Republic, to give maximum effect to the requirements set out in section 6(3) and (4) of the Constitution.
alternative dispute resolution in terms of section 70; or any other matter to better achieve the purposes of this Act.
Codes developed by the Commission in terms of subsection (1) must be published for public comment before ï¬nalisation.
report from time to time to the Minister with recommendations for achieving the progressive transformation and reform of law contemplated in this section.
identifying any practices that are inconsistent with the purposes and policies of this Act; and developing proposals for reform of any such practices; and report from time to time to the Minister with recommendations for achieving the progressive transformation and reform of practices contemplated in this section.
monitoring in terms of paragraph (a);or a report prepared in terms of subsection (1)(b).
publishing any orders and ï¬ndings of the Tribunal or a court in respect of a breach of the Act.
referring to the Competition Commission any concerns regarding market share, anti-competitive behaviour or conduct that may be prohibited in terms of the Competition Act, 1998 (Act No.
referring matters to the Tribunal, and appearing before the Tribunal, as permitted or required by this Act; and referring alleged offences in terms of this Act to the National Prosecuting Authority.
advise, or receive advice from, any regulatory authority.
exercise its jurisdiction by way of such an agreement in respect of a particular matter within its jurisdiction.
The President may assign to the Commission any duty of the Republic to exchange information with a similar foreign agency in terms of an international agreement relating to the purposes of this Act.
advise the Minister in respect of any matter referred to it by the Minister.
Subject to subsection (2), the Commission may issue a compliance notice in the prescribed form to a person or association of persons whom the Commission on reasonable grounds believes has engaged in prohibited conduct.
Before issuing a notice in terms of subsection (1) to a regulated entity, the Commission must consult with the regulatory authority that issued a licence to that regulated entity.
it is set aside by the Tribunal, or a court upon a review of a Tribunal decision concerning the notice; or the Commission issues a compliance certiï¬cate contemplated in subsection (5).
If the requirements of a compliance notice issued in terms of subsection (1) have been satisï¬ed, the Commission must issue a compliance certiï¬cate.
apply to the Tribunal for the imposition of an administrative ï¬ne; or refer the matter to the National Prosecuting Authority for prosecution as an offence in terms of section 110(2), but may not do both in respect of any particular compliance notice.
15 business days after receiving that notice; or such longer period as may be allowed by the Tribunal on good cause shown.
After considering any representations by the applicant and any other relevant information, the Tribunal may conï¬rm, modify or cancel all or part of a notice.
If the Tribunal conï¬rms or modiï¬es all or part of a notice, the applicant must comply with that notice as conï¬rmed or modiï¬ed, within the time period speciï¬ed in it.
to appear before the Commission, or before an inspector or independent investigator, to be questioned at a time and place speciï¬ed in the summons; or to deliver or produce to the Commission, or to an inspector or independent investigator, any book, document or other object referred to in paragraph (a) at a time and place speciï¬ed in the summons.
must be signed by the Commissioner, or by an employee of the Commission designated by the Commissioner; and may be served in the same manner as a subpoena in a criminal case issued by the magistrate's court.
interrogate and administer an oath to, or accept an affirmation from, the person named in the summons; and retain any such book, document or other object for examination, for a period not exceeding two months, or such longer period as the Tribunal, on application and good cause shown, may allow.
No self-incriminating answer given or statement made by any person to the Commission, or an inspector or investigator exercising powers in terms of this Act, will be admissible as evidence against that person in criminal proceedings against that person instituted in any court, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in section 108(3) or 109(2)(d), and then only to the extent that the answer or statement is relevant to prove the offence charged.
a contravention of this Act has taken place, is taking place, or is likely to take place on or in those premises; or anything connected with an investigation in terms of this Act is in the possession of, or under the control of, a person who is on or in those premises.
identify the premises that may be entered and searched; and authorise an inspector or a police officer to enter and search the premises and to do anything listed in section 104.
A warrant to enter and search may be executed only during the day, unless the judge, regional magistrate or magistrate who issued it authorises that it may be executed at night at a time that is reasonable in the circumstances.
A person authorised by warrant issued in terms of subsection (2) may enter and search premises named in that warrant.
seize any output from that computer for examination and copying; and attach and if necessary remove from the premises for examination and safekeeping anything that has a bearing on the investigation.
Section 102(5) applies equally to an answer given or statement made to an inspector or police officer in terms of this section.
advise that person of the right to be assisted at the time by an advocate or attorney; and allow that person to exercise that right.
A police officer who is authorised to enter and search premises under section 103, or who is assisting an inspector who is authorised to enter and search premises under section 104, may overcome resistance to the entry and search by using as much force as is reasonably required, including breaking a door or window of the premises.
Before using force in terms of subsection (6), a police officer must audibly demand admission and must announce the purpose of the entry, unless it is reasonable to believe that doing so may induce someone to destroy or dispose of an article or document that is the object of the search.
When submitting information to the Commission, the Tribunal, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is conï¬dential.
Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is conï¬dential.
will be treated as if it had been determined to be conï¬dential.
When making any ruling, decision or order in terms of this Act, the Commission or Tribunal may take into account any information that has been the subject of a claim in terms of subsection (1).
If any reasons for a decision in terms of this Act would reveal any information that has been the subject of a claim in terms of subsection (1), the Commission or Tribunal, 5 as the case may be, must provide a copy of the proposed reasons to the party claiming conï¬dentiality at least ï¬ve business days before publishing those reasons.
Within ï¬ve business days after receiving a notice in terms of subsection (3)(b),or a copy of proposed reasons in terms of subsection (5), a party may apply to a court for an appropriate order to protect the conï¬dentiality of the relevant information.
as a result of initiating a complaint or participating in any proceedings in terms of this Act.
at the request of an inspector, regulatory authority or Tribunal member entitled to receive the information.
It is an offence to hinder, oppose, obstruct or unduly inï¬uence any person 25 who is exercising a power or performing a duty delegated, conferred or imposed on that person by this Act.
fails to produce a book, document or other item as ordered, if it is in the possession of, or under the control of, that person.
gives false evidence, knowing or believing it to be false.
Offences relating to Commission and Tribunal 40 109. (1) A person commits an offence if that person contravenes or fails to comply with an order of the Tribunal.
It is an offence for any person to alter, obscure, falsify, remove or omit a displayed price, labelling or trade description without authority.
It is an offence to fail to act in accordance with a compliance notice, but no person may be prosecuted for such an offence in respect of the compliance notice if, as a result of the failure of that person to comply with that notice, the Commission has applied to the Tribunal for the imposition of an administrative ï¬ne.
in the case of a contravention of section 107 (1), to a ï¬ne or to imprisonment for a period not exceeding 10 years, or to both a ï¬ne and imprisonment; or in any other case, to a ï¬ne or to imprisonment for a period not exceeding 12 months, or to both a ï¬ne and imprisonment.
Despite anything to the contrary contained in any other law, a Magistrate's Court has jurisdiction to impose any penalty provided for in subsection (1).
The Tribunal may impose an administrative ï¬ne in respect of prohibited or required conduct.
the degree to which the respondent has co-operated with the Commission and the Tribunal; and whether the respondent has previously been found in contravention of this Act.
For the purpose of this section, the annual turnover of a supplier at the time when an administrative ï¬ne is assessed, is the total income of that supplier during the immediately preceding year, as determined in the prescribed manner.
setting out the section of this Act in terms of which the Tribunal made its ï¬nding, if any.
A certiï¬cate referred to in subsection (2)(b) is sufficient proof of its contents.
An appeal or application for review against an order made by the Tribunal in terms of this Act suspends any right to commence an action in a civil court with respect to the same matter, unless the court orders otherwise.
If an employee or agent of a person is liable in terms of this Act for anything done or omitted in the course of that person's employment or activities on behalf of their principal, the employer or principal is jointly and severally liable with that person.
This section does not apply in respect of criminal liability.
the balance of convenience favours the granting of the order.
the date that is six months after the date of issue of the interim order.
If an interim order has been granted, and a hearing into that matter has not been concluded within six months after the date of that order, the court or Tribunal, on good cause shown, may extend the interim order for a further period not exceeding six 25 months.
If an agreement, provision of an agreement, or a notice to which a transaction or agreement is purported to be subject, has been declared by a provision of this Act to be void, that agreement, provision or notice must be regarded as having been of no force 30 or effect at any time, unless a court has declared that the relevant provision of this Act does not apply to the impugned agreement, provision or notice.
A complaint in terms of this Act may not be referred to the Tribunal or to a consumer court in terms of this Act, against any person that is, or has been, a respondent in proceedings under another section of this Act relating substantially to the same conduct.
In any proceedings before the Tribunal, or before a consumer court in terms of this Act, the standard of proof is on a balance of probabilities.
if it is proved that a false statement, entry or record or false information appears in or on a book, document, plan, drawing or computer storage medium, the person who kept that item may be presumed to have made the statement, entry, record or information; and an order certiï¬ed by the Chairperson of the Tribunal is prima facie proof of the contents of the order.
A statement, entry, record or information in or on any book, document, plan, drawing or computer storage medium is admissible in evidence as an admission of the facts in or on it by the person who appears to have made, entered, recorded or stored it.
may consult with accredited consumer protection groups; and must consult the Commission and provincial regulatory authorities.
The laws referred to in Schedule 1 are hereby amended in the manner set out in that Schedule.
Sections 2 to 13 and sections 16 to 17 of the Merchandise Marks Act, 1941 (Act No.
Business Names Act, 1960 (Act No.
Price Control Act, 1964 (Act No.
Sale and Service Matters Act, 1964 (Act No.
Trade Practices Act, 1976 (Act No.
Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988).
The repeal of the laws speciï¬ed in this section does not affect the transitional arrangements, which are set out in Schedule 2.
This Act is called the Consumer Protection Act, 2008, and comes into operation in accordance with item 2 of Schedule 2.
Amendment of section 27 of Act 34 of 2005 1.
Amendment of section 31 of Act 34 of 2005 2.
a member of the Tribunal, to the extent that this Act, section 75 (5) of the Consumer Protection Act, 2008, or any other legislation provides for a matter to be considered by a single member of the Tribunal; or a panel composed of any three members of the Tribunal, in any other case.''.
Insertion of section 126A in Act 34 of 2005 3.
the breaching of a credit agreement; or the unauthorised transfer of any right of a credit provider under a credit agreement to a third person.
any negotiation, by an attorney on behalf of a consumer, with the credit provider concerned; or any action carried out by, on behalf of or with the permission of the credit provider concerned.
causing a credit bureau to remove credit information from its records concerning that consumer, 5 may not charge a consumer, or receive any payment from the consumer, for the credit repair service until that service has been fully performed, and must provide each consumer with a disclosure statement in the prescribed manner and form.
Subsection (3) does not apply in respect of any credit repair service 10 rendered by an attorney, or a registered credit bureau.
a computer software programme originating within the Republic, 15 which is programmed to calculate fees, charges, or interest charged on a credit agreement, for valuable consideration, must provide each consumer of the service or software, as the case may be, with a disclosure statement in the prescribed manner and form.
This section does not apply to a debt counsellor in respect of any 20 action authorised in terms of this Act.''.
Insertion of section 141A in Act 34 of 2005 4.
141A. This Part applies to any matter before the Tribunal irrespective of 25 whether the matter arises in terms of this Act or any other legislation.''.
Amendment of section 142 of Act 34 of 2005 5.
Consumer Protection Act, 2008, and must issue written reasons for its decisions.'
Amendment of section 143 of Act 34 of 2005 6.
''(a) The National Credit Regulator, or the National Consumer Commission in the case of a matter arising in terms of the Consumer Protection Act, 2008;''.
Amendment of section 147 of Act 34 of 2005 7.
by the insertion at the end of paragraph (a) of subsection (2) of the following words: ''or section 75(1)(b) of the Consumer Protection Act, 2008, as the case may be''; and by the insertion at the end of paragraph (b) of subsection (2) of the following words: ''or section 75(1)(b) of the Consumer Protection Act, 2008, as the case may be''.
Amendment of section 148 of Act 34 of 2005 8. Section 148 of the principal Act is hereby amended by the insertion at the end of paragraph (b) of subsection (2) of the following words: ''or section 69(2)(b) or 73 of the Consumer Protection Act, 2008, as the case may be''.
Amendment of section 150 of Act 34 of 2005 9.
''or the Consumer Protection Act, 2008''.
Amendment of section 151 of Act 34 of 2005 10.
''(1) The Tribunal may impose an administrative ï¬ne [only in the circumstances expressly provided for] in respect of prohibited or required conduct in terms of this Act or the Consumer Protection Act, 2008.'
by the insertion in subsection (3)(f) of the following words immediately after the word ''Regulator'': '', or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008,''; and by the insertion in subsection (3)(g) of the following words immediately after the word ''Act'': '', or the Consumer Protection Act, 2008, as the case may be''.
Amendment of section 152 of Act 34 of 2005 11.
by the insertion at the end of paragraph (d) of subsection (1) of the following words: '', or, in the case of a matter arising in terms of the Consumer Protection Act, 2008, an alternative dispute resolution agent as deï¬ned in that Act''.
of the following words: '', or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008,''.
Amendment of section 1 of Act 25 of 2002 1. Section 1 of the Electronic Communications and Transactions Act, 2002 (Act No.
Amendment of section 49 of Act 25 of 2002 1. Section 49 of the Electronic Communications and Transactions Act, 2002 (Act No.
A consumer may lodge a complaint with the [Consumer Affairs Committee] Commission in respect of any non-compliance with the provisions of this Chapter by a supplier.'
Substitution of expression in Act 25 of 2002 3. The Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) is hereby amended by the substitution for the expression ''Consumer Affairs Committee'', wherever it occurs in the Act, of the expression ''Commission''.
Amendment of section 1 of Act 57 of 1997 1. Section 1 of the Lotteries Act, 1997 (Act No. 57 of 1997) is hereby amended by the substitution for the deï¬nition of ''promotional competition'' of the following deï¬nition: ''promotional competition'' has the meaning set out in section 36 of the Consumer Protection Act, 2008''.
Repeal of section 54 of Act 57 of 1997 2. Section 54 of the Lotteries Act, 1997 (Act No. 57 of 1997), is hereby repealed.
In this Schedule- ''early effective date'' means the date on which the provisions mentioned in item 2(1) took effect; ''general effective date'' means the date on which the provisions mentioned in item 2(2) took effect; ''pre-existing agreement'' means an agreement that was made before the general effective date; and ''pre-existing loyalty programme'' means a loyalty programme that had any participating consumers immediately before the general effective date.
to a section by number is a reference to the corresponding section of this Act; or to an item or a subitem by number is a reference to the corresponding item or subitem of this Schedule.
Chapters 1 and 5 of this Act, section 120 and any other provision authorising the Minister to make regulations, and this Schedule, take effect on the date that is one year after the date on which this Act was signed by the President.
Subject to subitem (3), and items 4 and 5, any provision of this Act not contemplated in subitem (1) takes effect on the date that is 18 months after the date on which this Act was signed by the President.
any particular municipality other than a high capacity municipality as deï¬ned in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003); or any organ of state that is responsible to a municipal authority, in its capacity as a supplier of any goods or services to consumers, on the grounds that additional time is required for adequate preparation of the administrative systems necessary to ensure that the municipality or organ of state can meet its obligations in terms of this Act efficiently and effectively.
any transaction concluded, or agreement entered into, before the general effective date; or any goods supplied, or services provided, to a consumer before the general effective date.
tender by a consumer, on or after the general effective date, of any loyalty credit or award in that programme as consideration for any supply of goods or services; and any supply of goods or services if, on or after the general effective date, the consumer tendered any loyalty credit or award in the programme as consideration for those goods or services.
Section 61 applies to any goods that were ï¬rst supplied to a consumer on or after the early effective date.
Any provision of this Act not otherwise contemplated in subitems (2) to (4) applies to any pre-existing conduct, circumstance, transaction or agreement only to the extent required to ensure proper interpretation of, or compliance with and enforcement of, the provisions that are mentioned in subitems (2) to (4).
14 Only subsections (1)(b) to (d) and (2) apply with respect to the expiry and possible renewal of the agreement, on or after the general effective date.
18 to 21 Apply only with respect to goods that are deliverable or delivered to the consumer in terms of the agreement, on or after the general effective date.
22 Applies only to a notice, document or visual representation that is required to be produced, provided or displayed to the consumer, on or after the general effective date.
25 Applies only with respect to any goods supplied to the consumer in terms of the agreement, on or after the general effective date.
26 Applies only with respect to any transactions occurring in terms of the agreement, on or after the general effective date.
44 Applies only with respect to any goods supplied to the consumer in terms of the agreement, on or after the general effective date.
53 to 58 Apply only with respect to any goods or services supplied to the consumer in terms of the agreement, on or after the general effective date.
64(1) and (2) Apply only to an amount paid or payable by the consumer in terms of the agreement, on or after the general effective date.
64(3) and (4) Apply only with respect to any closure of a facility contemplated in those provisions, if it will occur on or after the effective date.
65 Applies only with respect to an amount paid or payable by the consumer, or to property that comes into the possession of the supplier, on or after the general effective date.
the Commission has established or recognised a register as contemplated in section 11(3); and in the case of a register established by the Commission, the Minister has received advice from an independent auditor that the Commission has established reasonable and effective means to receive, compile and utilise information in the manner contemplated in section 11.
Section 79(1), (2) and (3)(a) and (b), and sections 80 and 81, do not take effect until a date determined by the Minister by notice in the Gazette, which date must be at least one year following the general effective date.
The Minister must publish a notice contemplated in subitem (1) at least six months before the date on which that notice is to take effect.
had registered that business name before the general effective date in terms of any public regulation other than a repealed law; or was actively conducting business under that business name for a period of at least one year before the date on which section 79 took effect.
Any business name that, as of the general effective date, was registered in terms of any repealed law, must be regarded as having been registered in terms of this Act, as of the effective date.
The register of business names, as maintained by the Companies and Intellectual Property Registration Office in terms of any of the repealed laws, is continued as the register of business names contemplated in this Act.
Any right or entitlement enjoyed by, or obligation imposed on, any person in terms of any provision of a repealed law that had not been spent or fulï¬lled immediately before the general effective date, must be considered to be a valid right or entitlement of, or obligation imposed on, that person in terms of any comparable provision of this Act, as from the date that the right, entitlement or obligation ï¬rst arose, subject to the provisions of this Act.
A notice given by any person to another person in terms of any provision of a repealed law must be considered as notice given in terms of any comparable provision of this Act, as from the date that the notice was given under the repealed law.
A document that, before the general effective date, had been served in accordance with a repealed law, must be regarded as having been satisfactorily served for any comparable purpose of this Act.
An order given by an inspector in terms of any provision of a repealed law and in effect immediately before the general effective date, continues in effect, subject to the provisions of this Act.
Until provincial legislation has been enacted in a province establishing for that province a provincial consumer protection authority as contemplated in this Act, the Minister, by notice in the Gazette, may delegate to the relevant MEC of that province any or all of the functions of the Commission to be exercised within that province and in accordance with this Act.
Despite the repeal of the repealed laws, for a period of three years after the general effective date the Commission may exercise any power in terms of any such repealed law to investigate any breach of that law that occurred during the period of three years immediately before the general effective date.
In exercising authority under subitem (1), the Commission must conduct the investigation as if it were proceeding with a complaint in terms of this Act.
An individual who, immediately before the early effective date, was employed by the State, assigned to the Department of Trade and Industry and tasked with administration or enforcement of any of the repealed laws, is an employee of Commission, as of the effective date, subject to the Public Service Act, 1994 (Proclamation No. 103 of 1994).
A person mentioned in subitem (1) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the early effective date, and any proceedings against such a person that were pending immediately before the early effective date, must be disposed of as if this Act had not been enacted.
Any person transferred in terms of subitem (1)- (a) remains a member of the Government Employees' Pension Fund mentioned in section 2 of the Government Employees' Pension Law, 1996 (Act No. 21 of 1996); and (b) is entitled to pension and retirement beneï¬ts as if that person were in service in a post classiï¬ed in a division of the public service mentioned in section 8(1)(a)(i) of the Public Service Act, 1994.
The exclusion of the Short Term Insurance Act, 1998 (Act No. 53 of 1998), and the Long Term Insurance Act, 1998 (Act No.52 of 1998), is subject to those sector laws being aligned with the consumer protection measures provided for in this Act within a period of 18 months from the commencement of this Act, failing which, the provisions of this Act will apply.