A consumer includes any business with a total annual turnover that is less than. Codes of good practice for tourism chapter 3 south african tourism board 9. Consumer protection act cpa 68 of 2008 the purpose of the cpa is to prevent exploitation or harm to consumers by regulating the way in which businesses interact with consumers, and market their products and services. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The consumer protection act, cpa, which came into effect on 1 april 2011 includes the regulation of goods and services with actual or potential environmental andor health impacts. The new act which was actually passed in 2014 contains the most recent. Freedom of contract and the enforceability of exemption. Amended by national credit amendment act 19 of 2014 from mar 2015. The south african reserve bank sarb, as the central bank, is responsible for bank regulation and supervision, and. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. South africas franchise law the consumer protection act.
The south african national consumer protection act cpa came into effect on 1 april 2011. Consultation paper on policy proposals for crypto assets. Section 49 of the consumer protection act cpa is also an important section for landlords to take note of. Electronic communications amendment act 37 of 2007 gazette 30658, government notice 41, 8 jan 2008. Interpretation part b purpose, policy and application of act 3. It is hereby notified that the president has assented to the following act, which is. Product packaging and labeling must not mislead or deceive consumers, or make any representation about a supplier or any goods. Consumer complaints south africa consumer rights and. The consumer protection act and the bill of rights allow consumer certain rights and these include the following.
With new labelling regulations in the pipeline gearing to replace r146, understanding the complex nature of our south african labelling legislation has. The effect of the consumer protection act on the voetstoots clause in the south african law and comparison to the belgium law. In the past, people have not always been protected against the suppliers of goods or services. Dec 22, 2019 a consumer protection act is piece of legislation that is passed with regard to the provision and administration of protecting the rights of consumers within a country or nation. The consumer protection act your guide to consumer rights. Consumer protection an act to make provision for the greater protection of consumers, to establish a consumer protection commission and for the functions and powers of that commission and related matters. The primary objective of the consumer protection act is to establish consumer. The animal protection act 1962 covers domestic animals and birds, and wild animals, birds, and reptiles that are in captivity or under the control of humans. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. Within the spectrum of both commercial law and consumer law, there exist a variety of roles which are undertaken by participatory individuals and groups operating. Be it therefore enacted by the parliament of the republic of south africa, as follows. Department, issued a position paper on crypto assets in 2014 south african reserve bank, 2014.
Suppliers misled consumers about the quality of their goods or services, or offered goods or services on unreasonable terms and conditions, leaving the consumer with no remedy in the event of a problem occurring with these goods or services. Legislation and policies department of communications. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. Please note that most acts are published in english and another south african official language. The south african consumer protection act, no 68 of 2008 was signed on 24 april 2009 and the purpose of the act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised. As the african union convention on cyber security and data protection 2014 and the addis ababa ministerial declaration auccict2, 2017 illustrate, the guidelines were developed in the context of rapid change in the scope and availability of online services in africa, and a backdrop of ambitious african policy goals under agenda 2063. Independent communications authority of south africa amendment act 2 of 2014 gazette 37537, government notice 267, 7 apr 2014. The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. South africa has a sophisticated banking system, backed by a sound regulatory and legal framework that aims to ensure systemic stability in the economy, institutional safety and soundness and to promote consumer protection. Fundamental rights the consumer protection act south africa the consumer protection act. Acts independent communications authority of south africa. The national consumer commission ncc is the primary regulator of consumer business interaction in south africa, and was created by government under the auspices of the department of trade and industry dti, to ensure economic welfare of consumers. Animal welfare and rights in south africa is about the treatment of and laws concerning nonhuman animals in south africa.
The consumer protection act and your lease agreement. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. National consumer protection institutions consumer prorection. The national consumer protection act western cape government. All the cars on this website are sold through credible dealers, all of which are approved. National credit amendment act 19 of 2014 south african. The first field trials of genetically modified crops in the country were conducted in 1989. The shortcomings of the act have recently been addressed by enactment of the rental housing amendment act 35 of 2014 amendment act, which will come into operation on a date to be proclaimed. Consumer protection act, no 68 of 2008 legal legal and. A literature study will be undertaken in order to establish the influence of section 48 of the consumer protection act on south african law of contract and exemption clauses.
Suppliers and retailers must also take note of the many food labelling legislations which will impact their marketing, designing of labels and ultimately their relationship with the consumer. Consumer protection act 68 of 2008 south african government. Further labeling requirements are imposed by the consumer protection act and its subsidiary legislation. Feb 20, 2014 mr ceo barks at jack jack lets cut to the chase how is that research coming on the consumer protection act cpa. It noted the lack of a regulatory and legal framework, the absence of consumer protection laws, and the inability to. Find out how the cpa impacts on your lease agreement. It is hereby notified that the president has assented to the following act, which is hereby published for general information. The act is aimed at promoting fairness, openness and good business practice between the suppliers of goods or services and consumers of such goods and services. Application part ii the competition and consumer protection commission 4. Assent 26th may, 2006 commencement 1st july, 2006 1.
Consumer protection act 2008 southern african legal. Consumers play a vital role in the growth of the economy and thus contribute to the national fiscus and the development of the country. The act only applies to contracts signed after 1 april, and wont affect anything signed before then. Jun 29, 2019 new south african rental laws may be implemented soon these are the changes you need to know about. Electronic communications amendment act 1 of 2014 gazette 37536, government notice 266, 7 apr 2014. In this act accredited consumer protection group means a consumer protection group that has been accredited by the commission in terms of section 78 for the purposes contemplated in that section or elsewhere in this act. Consumer protection act regulations i, dr rob davies, minister of trade and industry, in terms of and under section 1201 of the consumer protection act, 2008 act no. The effect of the consumer protection act on the voetstoots. Consumer protection act 68 of 2008 southern african legal. This act may be cited as the consumer protection act. Draft gazette 37301 general notice 69 comments by 10 mar 2014.
Relative to other african countries, south africa embraced biotechnology early on. By default, the cars on used cars for sale all carry a 6 months warranty which means if something major goes wrong, you can return the car to the dealer. Neville melville said the consumer protection act cpa has ushered in a new era of consumer centricity and imposes a builtin or automatic warranty guarantee on all goods sold. South africas franchise law the consumer protection act lexnoirglobal. Consumers play a vital role in the growth of the economy and thus contribute to the national. Aug 01, 2015 justices of the peace and commissioners of oaths act 16 28 apr 1999 labour relations act 66 of 1995 1 mar 2015 land survey act 8 of 1997. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The ceo of high flyers property yells at his inhouse legal advisor jack jack. Section 49 of the cpa provides that a provision of an agreement that limits the risk or liability of the supplier.
Animal welfare and rights in south africa wikipedia. What do you mean you dont know whether the consumer protection act cpa which commenced on 1 april 2011 applies to our 20 000. Video provides an overview of the south africans franchise legislation. The act cannot be implemented without considering the freedom of contract to rely on exemption clauses. Product packaging and labeling regulations sme south africa. A a consumer includes a juristic person b franchise agreements are regulated in the act and must be in writing c it makes provision for the application of transactions for the supply or promotion of goods or services to the state 1 mark. Continued existence of south african tourism board 10. It does not, therefore, apply to fish and wild animals not. The national consumer commission ncc is the primary regulator of consumerbusiness interaction in south africa, and was created by government under the auspices of the department of trade and industry dti, to ensure economic welfare of consumers. Only a few landlords, tenants or practitioners have taken notice of the amendment act despite it having a substantial impact on the rental industry, and. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1.