In recent years, the south african government passed the consumer protection act and a number of associated regulations into law in terms of which consumers enjoy extraordinary protection against. The south african microinsurance regulatory framework policy document is the final outcome of the consultative process initiated after the publication of a discussion paper the future of microinsurance in south africa in april 2008 available on. Consumer rights how and where to file complaints south africa. Further labeling requirements are imposed by the consumer protection act and its subsidiary legislation. In terms of its relevance to lease agreements, the landlord is deemed the supplier and the tenant the consumer. With the south african consumer protection act that came into effect in 2011, south african consumers can now claim to be among the best protected consumers in the world. A consumer includes any business with a total annual turnover that is less than r2 million is also protected. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. I maintain deferment granted in march 2011 in relation to sections 8 to 10 and sections 53 to 61 of the consumer protection act in respect of medium capacity municipalities until 31 december 2012, subject to. The purpose of the cpa is to promote and protect the rights of south african consumers and this protection could, potentially, extend to offshore transactions involving south african consumers. 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.
Pdf the consumer protection act 68 of 2008 is a groundbreaking piece of. Consumer protection act, no 68 of 2008 legal legal and. 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. There are a number of sections in the consumer protection act. Strengthening consumer protection in the south african microinsurance market in support of the microinsurance networks min consumer protection task force cptf, to contribute to the effective implementation of consumer protection in microinsurance. All the cars on this website are sold through credible dealers, all of which are approved. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. The primary objective of the consumer protection act is to establish consumer. That it is desirable to promote an economic environment that supports. Aug 01, 2015 the acts are listed alphabetically and can be downloaded in a pdf format. The cpa, which came into effect in south africa as from 1 april 2011, sets the basis for consumer protection in this country and is the first of its kind.
South african geographical names council act 118 1998. There are a number of innovative consumer protection mechanisms in the cpa which are revolutionary in nature. Nov 24, 2015 with the south african consumer protection act that came into effect in 2011, south african consumers can now claim to be among the best protected consumers in the world. The cpa applies to an agreement concluded between a consumer and supplier in the ordinary course of business. Relative to other african countries, south africa embraced biotechnology early on. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. The act sets out the minimum requirements to ensure adequate consumer protection in south africa.
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 south african law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale or, to be more specific, purchase and sale, or emptio venditio, generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money. The national consumer protection act western cape government. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. This page contains information about the consumer protection act. When can a consumer return goods under the consumer protection act cpa in south africa.
The promulgation of the consumer protection act, 68 of 2008 on 1 april 2011, consumer law has suddenly become a new headache for businesses and they had to make a lot of adaptions to operate within the specific act. 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. Consumer protection act 2008 southern african legal. Background to the cpa the cpa is the result of a long process of reform and development in the field of consumer protection in south africa. The act of supplying immovable property for rental to the consumer is where the confusion lies as some academics believe this to be goods and. The australian consumer law contained in schedule 2 of the competition and consumer act 2010 cth sale of goods act 1895 sa fair trading act 1987 sa. Cancellation of lease agreements the legal advice office. The first field trials of genetically modified crops in the country were conducted in 1989. It is hereby notified that the president has assented to the following act, which is. Notes on the guide to consumer protection act no 68 of 2008. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated.
The consumer protection act south african health care. This act may be cited as the companies act, 2011, and shall come into operation on such a date as the minister may, by notice published in the gazette, appoint. Consumer protection act further outlines these key consumer rights, of which all south african consumers should be aware. Constitution means the constitution of the republic of south africa, 1996 consumer. The consumer protection act 68 of 2008 the cpa has been in effect since 1 may 2011 and has been the source of much debate. The application of the consumer protection act in the south african. The consumer protection act, 2008, will come into effect on 31 march 2011. Return of goods under the consumer protection act in south africa.
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. It takes into account the submissions received, as well as. Consumers subjective and objective consumerism knowledge and. It is hereby notified that the president has assented to the following act, which is hereby published for general information.
The consumer protection act cpa 68 of 2008 addresses these problems. Consumer complaints south africa consumer rights and. Consumers subjective and objective consumerism knowledge. Prior to the consumer protection act, no 68 0f 2008 cpa which came into effect at midnight on the 31 st march 2011. Section 14 of the consumer protection act south african. The purposes of this act are to promote and advance the social and economic welfare of consumers in south africa by.
By codifying the common law in relation to consumer rights, south africa is not only following in the footsteps of many firstworld countries, but. The consumer protection act south africa labour guide. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. Pdf redress for consumers in terms of the consumer protection. Lawyers network provides online legal help south africa. From 1 april 2011, the consumer protection act cpa provides protection to these consumers against such suppliers. Protection from harassment act, 2011 act 17 of 2011 the protection from harassment act act 17 of 2011 came into effect on 27th april 20 to address harassment and stalking behaviours which violate constitutional provisions of right to privacy and dignity of individual persons. Consumer protection act cpa 02 aug in terms of the consumer protection act cpa section 56 read with section 55, all goods purchased by a consumer are subject to an implied warranty of quality and suppliers can not contract out of this provision. Consumer protection act 68 of 2008 south african government. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. The consumer protection act your guide to consumer rights. Section 14 of the consumer protection act no 68 of 2008, cpa, which relates to the expiry and renewal of fixed term agreements, reads as follows. Please check the number of pages in the pdf before printing.
Jul 10, 2012 responsible for publishing consumer alerts which warn consumers of scams or unfair business practices and prohibition notices business practices declared unfair in terms of the unfair business practices act, and therefore prohibited by the minister. However, many consumers are still not aware of their consumer rights, and do not have the necessary knowledge to pursue redress when they are dissatisfied. Please note that most acts are published in english and another south african official language. It promotes a fair and accessible marketplace for consumer products and services.
Sectional titles schemes management act 8 of 2011 7 oct. 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. The main pieces of consumer protection legislation are. The south african national consumer protection act cpa came into effect on 1 april 2011. The consumer protection act and crossborder transactions. With acts you are guaranteed the latest and most up to date resource for your legislative needs. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010 is a bill of rights for you, the consumer, to help shield you from products that are unsafe, making the south african consumer the most protected in the world. This report by the law library of congress provides information on the law on the regulation of drones in australia, canada, china, france, germany, israel, japan, new zealand, poland, south africa, sweden, ukraine, united kingdom, and the european union. Oct 19, 2017 the consumer protection act no 68 of 2008 cpa and the common law. The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. Genetically modified organisms i, dr rob davies, the minister of trade and industry hereby, in terms of section 1201 of the consumer protection act, 2008 act no.
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