Unpacking the consumer protection act 68 of 2008 l hawthorne ba llb lld professor in the department of private law, university of south africa opsomming publieke beheer. 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 consumer protection act 68 of 2008 gallagher estate, 4 to 5 march 2010. Click here to access a pdf version of the consumer protection act 356 kb. Regulation 44 of the consumer protection act 68 of 2008 contains a list of terms which are presumed to be unfair. The electronic communications and transactions act. Consumer protection act no 68 of 2008 western cape.
Chapters 1 and 5, s 120 and any other provision authorising the minister to make regulations and sch 2 in terms of sch 2, item 21. The consumer protection act 68 of 2008 south africa a. In this contribution the influence of the cpa on the sellers. For more information on the consumer protection act no. Act means the consumer protection act, 2008 act no. The cpa has a fundamental influence on the common law warranty against latent defects. Its further purpose is to provide redress to customers 3. Consumer protection act, no 68 of 2008 legal legal and.
The new consumer protection act and the gp anaesthetist. The question is answered with an unequivocal the act says so. The influence of the consumer protection act 68 of 2008 on the. The consumer protection act 68 of 2008 and the sale of immovable property by estate agents. However, based on the experience of providing this service in terms of the unfair business practices act and benchmark studies to the competition commission and others we have ascertained that the turnaround time depends on the complexity of the request. Magister legum llm prepared under the supervision of. Consumer protection act 68 of 2008 posted on september 1, 2009 in governance please note that this opinion does not necessarily express the views of saia, however, it is provided to stimulate debate and should be applied to member companys practices as deemed appropriate. The purpose of this act is to promote and advance the social and economic welfare of consumers in south africa by. Please note that most acts are published in english and another south african official language.
To stop the spread of the coronavirus covid19, a national lockdown will take effect. The reader is advised to consult the act itself or a professional adviser. It therefore applies to services rendered by attorneys. Consumer rights of the elderly as vulnerable consumers in south. Most recently the introduction of the consumer protection act 68 of 2008, which came into full operation at the end of march 2011, appears to have a significant impact on the law of lease in those instances where the act finds application to a lease agreement. The proposed consumer protection regulations, 2010 are hereby. Consumer protection bill of 2008 hereafter the cpa bill. It is hereby notified that the president has assented to the following act, which is hereby published for general information. The full impact of the cpa is set to be massive but stands to be developed to the full in time. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. Using the url or doi link below will ensure access to this page indefinitely. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Dont be left in the dark when the new consumer protection act comes into full. Consumer protection act 68 of 2008 research papers academia.
Abstract although consumer protection is not a new concept in south african law, the consumer protection act 68 of 2008 cpa now provides. Submitted in partial fulfilment of the requirements for the degree. Consumer protection act 68 of 2008 adra online, debt. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Department of trade and industry article featured in estate agency affairs board agent magazine.
However, where the supplier is providing goods or services to a consumer for purposes wholly or mainly unrelated to his or her business in other words for private use these terms will. To protect the widest spectrum of customers from exploitation of any kind. Consumer protection law conference changing the consumer protection landscape in south africa. View consumer protection act 68 of 2008 research papers on academia. The impact of the consumer protection act 68 of 2008 and. Consumer protection act 68 of 2008 research papers. This section is quite important to all areas of the retail sector. It is hereby notified that the president has assented to the following act, which is hereby published. Various communiques pertaining to the consumer act available for download. Consumer protection act no 68 of 2008 the consumer protection act is effective from the 31st march 2010. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Consumer rights and quality of goods and services in a calabash introduction the cpa seeks to protect consumers against unscrupulous supplier or vendor behaviour in south africa.
Due to limitations in length of the guide, many parts of the act have not been covered. Feb 23, 2014 the consumer protection act 68 of 2008. For the reasons set out above, and to give effect to the international law. It establishes national norms and standards to ensure consumer protection, makes provision for improved standards of consumer information, and prohibits certain unfair marketing and business. The consumer protection act, 2008, no 68 of 2008 was signed into law. Trade practices act 1974 consumer protection notice no. The influence of the consumer protection act 68 of 2008 on the common law obligations of the seller visavis risk and duty to take care, eviction, and defects. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. Submitted in fulfilment of the requirements for the degree of. Consumer protection act speak to us know your consumer rights. Consumer protection act regulations as published 220kb pdf. The influence of the consumer protection act 68 of 2008 on the warranty against latent defects, voetstoots clauses and liability for damages.
Protect your reputation and make sure your business complies with the new legislation which comes into effect on 1 april 2011. Department of trade and industry national the government of south africa consumer protection act no 68 of 2008. In this contribution the influence of the cpa on the sellers common law duty to warrant the buyer against eviction is investigated. Suggested citation barnard, jacolien, the influence of the consumer protection act 68 of 2008 on the warranty against latent defects, voetstoots clauses and liability for damages november 18, 20. Section 11 of the consumer protection act, 68 of 2008. Chapter 5 deals with the influence of the consumer protection act 68 of 2008 in general, specifically on the law of contract why an act to protect the interests of consumers. Consumer protection act 68 of 2008 south african government. The consumer protection act 68 of 2008 and the sale of.
The consumer protection act, 1986 68 of 1986 24th december, 1986 an act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith. Consumer protection act 68 of 2008 eaab the estate agency. The concept fairness in the regulation of contracts under. The act does not set any time frames for the provision of advisory opinions. The act provides that a transaction or agreement or its term or condition is unfair, unreasonable or unjust if it is excessively onesided in favour of any person other than the consumer. Notice to defer the general effective date of the consumer protection act, 2008 no. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009.
It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. Consumer protection act and regulations 682008 data dynamics. Section 5 the following shall be inserted as 3 bis of section 4 of the consumer protection act, b. I have tried to summarize it in layman terms but cannot. The consumer protection act 68 of 2008, the cpa, was signed on 24 april 2009 and has since been promulgated in the government gazette. Apr 03, 2019 notice to revoke the application of the consumer protection act, 2008 no. The consumer protection act 68 of 2008 and procedural fairness in consumer contracts. Consumer protection act 68 of 2008 eaab the estate. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. While the act details fundamental consumer rights, there is no equivalent provision for suppliers, be they producers, distributors or retailers.
This article gives a brief overview of the influenceimpact of the new consumer protection act 68 of 2008 1 and the regulations on the practising of medicine by the general practitioner gp anaesthetist. Introduction section 2 part h of the cpa deals with the consumers fundamental right to fair value, good quality and safety. The thesis analyses the concept fairness in consumer contracts regulated by the consumer protection act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. Home documents acts 2008 consumer protection act no 68 of 2008. A critical overview and analysis w jacobs pn stoop r van niekerk 1 introduction the controversial1 consumer protection act2 hereafter the act was signed by the president of the republic of south africa on 29 april 2009 and published in the.
Consumer protection act 68 of 2008 cover publications. It is intended for the use of consumers and is not an exhaustive legal reference manual or a substitute for the act. The purpose of this act is inter alia to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such goods and services. The influence of the consumer protection act 68 of 2008 on.
The implementation of the consumer protection act 68 of 2008 1 has great implications for the south african common law of sale. Consumer protection act no 68 of 2008 western cape government. The concept fairness in the regulation of contracts. The south african national consumer protection act. I, christopher bowen, pursuant to subsection 65e 1 of the trade practices act 1974 and for the purposes of section 65c of that act, hereby declare that from 1 march 2009 the consumer product safety standard for. Official languages to be used by commission in documents. The minister of trade and industry has given notice on 14 march 2011 in the government gazette that the consumer protection act application to municipalities, other than high capacity municipalities, will be deferred until further notice. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. The consumer protection act, 2008 came into effect on 31 march 2011. Contract means an agreement between a consumer and a businessman for purchasing and selling goods or providing and obtaining services. Rob davies, the minister of trade and industry hereby publish the rules regulating th functioning of the national consumer cornmisslon. Pdf the consumer protection act 68 of 2008 and procedural. It discusses the evolution of fairness as background to a more detailed discussion of the classification of fairness into substantive and procedural.
1518 160 1402 610 1622 1114 947 17 804 1247 706 681 92 1427 150 240 750 1355 368 960 1490 866 148 369 1067 1388 611 1084 478 597 784 334