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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Consumer Protection Act, No. 68
of 2008
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and excecpt iro title/text/engrossments in the following sections: s_ (_/_/_)
Long title
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.
Table of contents
Legislation Text Access Point
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and excecpt iro title/text/engrossments in the following sections: s_ (_/_/_)
Long title
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.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| ARRANGEMENT
OF SECTIONS |
|
| CHAPTER
1. INTERPRETATION, PURPOSE AND APPLICATION |
|
| Part A Interpretation | |
| 1. | Definitions |
| 2. | Interpretation |
| Part B. Purpose, policy and application of Act | |
| 3. | Purpose
and polity of Act |
| 4. | Realisation of consumer rights |
| 5. | Application
of Act |
| 6. | Threshold
determination |
| 7. | Requirements
of franchise agreements |
| CHAPTER
2. FUNDAMENTAL CONSUMER RIGHTS |
|
| Part A. Right of equality in consumer market | |
| 8. | Protection
against discriminatory marketing |
| 9. | Reasonable grounds for differential treatment in specific circumstances |
| 10. | Equality
court jurisdiction over this Part |
| Part B. Consumer's right to privacy | |
| 11. | Right
to restrict unwanted direct marketing |
| 12. | Regulation
of time for contacting consumers |
| Part C. Consumer's right to choose | |
| 13. | Consumer's
right to select suppliers |
| 14. | Expiry
and renewal of fixed-term agreements |
| 15. | Pre-authorisation
of repair or maintenance services |
| 16. | Consumer's
right to cooling-off period after direct marketing |
| 17. | Consumer's
right to cancel advance reservation, booking or order |
| 18. | Consumer's
right to choose or examine goods |
| 19. | Consumer's rights with respect to delivery of goods or supply of service |
| 20. | Consumer's
right to return goods |
| 21. | Unsolicited
goods or services |
| Part D. Right to disclosure and information | |
| 22. | Right
to information in plain and understandable language |
| 23. | Disclosure
of price of goods or services |
| 24. | Product labelling and trade descriptions |
| 25. | Disclosure
of reconditioned or gray market goods |
| 26. | Sales
records |
| 27. | Disclosure
by intermediaries |
| 28. | Identification
of deliverers, installers and others |
| Part E. Right to fair and responsible marketing | |
| 29. | General standards for marketing of goods or services |
| 30. | Bait
marketing |
| 31. | Negative
option marketing |
| 32. | Direct
marketing to consumers |
| 33. | Catalogue
marketing |
| 34. | Trade
coupons and similar promotions |
| 35. | Customer
loyalty programmes |
| 36. | Promotional
competitions |
| 37. | Alternative
work schemes |
| 38. | Referral
selling |
| 39. | Agreements
with persons lacking legal capacity |
| Part F. Right to fair and honest dealing | |
| 40. | Unconscionable
conduct |
| 41. | False,
misleading or deceptive representations |
| 42. | Fraudulent
schemes and offers |
| 43. | Pyramid
and related schemes |
| 44. | Consumer's right to assume supplier is entitled to sell goods |
| 45. | Auctions |
| 46. | Changes,
deferrals and waivers, and substitution of goods |
| 47. | Over-selling
and over-booking |
| Part G. Right to fair, just and reasonable terms and conditions | |
| 48. | Unfair,
unreasonable or unjust contract terms |
| 49. | Notice required for certain terms and conditions |
| 50. | Written
consumer agreements |
| 51. | Prohibited
transactions, agreements, terms or conditions |
| 52. | Powers of
court to ensure fair and just conduct, terms and conditions |
| Part H. Right to fair value, good quality and safety | |
| 53. | Definitions
applicable to this Part |
| 54. | Consumer's rights to demand quality service |
| 55. | Consumer's
rights to safe, good quality goods |
| 56. | Implied
warranty of quality |
| 57. | Warranty on
repaired goods |
| 58. | Warning
concerning fact and nature of risks |
| 59. | Recovery and safe disposal of designated products or components |
| 60. | Safety
monitoring and recall |
| 61. | Liability for
damage caused by goods |
| Part I. Supplier's accountability to consumers | |
| 62. | Lay-bys |
| 63. | Prepaid
certificates, credits and vouchers |
| 64. | Prepaid services and access to service facilities |
| 65. | Supplier to
hold and account for consumer's property |
| 66. | Deposits in
respect of containers, pallets or similar objects |
| 67. | Return of
parts and materials |
| CHARTER
3. PROTECTION OF CONSUMER RIGHTS AND CONSUMERS' VOICE |
|
| Part A. Consumer's right to be heard and obtain redress | |
| 68. | Protection of
consumer rights |
| 69. | Enforcement of rights by consumer |
| 70. | Alternative
dispute resolution |
| 71. | Initiating
complaint to Commission |
| Part B. Commission investigations | |
| 72. | Investigation
by Commission |
| 73. | Outcome of
investigation |
| 74. | Consent orders |
| 75. | Referral to
Tribunal |
| Part C. Redress by court | |
| 76. | Powers of
court to enforce consumer rights |
| Part D. Civil society support for consumer's rights | |
| 77. | Support for
consumer protection groups |
| 78. | Accredited
consumer protection group may initiate actions |
| CHAPTER
4. BUSINESS NAMES AND INDUSTRY CODES OF CONDUCT |
|
| Part A. Business names | |
| 79. | Identification of supplier |
| 80. | Registration
of business names |
| 81. | Criteria for
business names |
| Part B. Industry codes of conduct | |
| 82. | Industry codes |
| CHAPTER 5. NATIONAL CONSUMER PROTECTION INSTITUTIONS | |
| Part A. National and provincial co-operation | |
| 83. | Co-operative
exercise of concurrent jurisdiction |
| 84. | Provincial
consumer protection authorities |
| Part B. Establishment of National Consumer Commission | |
| 85. | Establishment
of National Consumer Commission |
| 86. | Minister may
direct policy and require investigation |
| 87. | Appointment of
Commissioner |
| 88. | Appointment of
inspectors and investigators |
| 89. | Conflicting interests |
| 90. | Finances |
| 91. | Reviews and
reports to Minister |
| Part C. Functions of Commission | |
| 92. | General
provisions concerning Commission functions |
| 93. | Development of
codes of practice relating to Act |
| 94. | Promotion of legislative reform |
| 95. | Promotion of
consumer protection within organs of state |
| 96. | Research and
public information |
| 97. | Relations with
other regulatory authorities |
| 98. | Advice and
recommendations to Minister |
| CHAPTER
6. ENFORCEMENT OF ACT |
|
| Part A. Enforcement by Commission | |
| 99. | Enforcement functions of Commission |
| 100. | Compliance
notices |
| 101. | Objection
to notices |
| Part B. Powers in support of investigation | |
| 102. | Summons |
| 103. | Authority
to enter and search under warrant |
| 104. | Powers
to enter and search |
| 105. | Conduct
of entry and search |
| 106. | Claims
that information is confidential |
| Part C. Offences and penalties | |
| 107. | Breach
of confidence |
| 108. | Hindering
administration of Act |
| 109. | Offences relating to Commission and Tribunal |
| 110. | Offences
relating to prohibited conduct |
| 111. | Penalties |
| 112. | Administrative
fines |
| 113. | Vicarious
liability |
| Part D. Miscellaneous matters | |
| 114. | Interim
relief |
| 115. | Civil
actions and jurisdiction |
| 116. | Limitations
of bringing action |
| 117. | Standard
of proof |
| 118. | Serving
documents |
| 119. | Proof
of facts |
| CHAPTER 7. GENERAL PROVISIONS | |
| 120. | Regulations |
| 121. | Consequential
amendments, repeal of laws and transitional arrangements |
| 122. | Short
title and commencement |
| Sch. 1 | SCHEDULE
1. AMENDMENT OF LAWS (SECTION 121(1)) |
| Sch. 2 | SCHEDULE 2. TRANSITIONAL PROVISIONS (SECTION 121(3)) |
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