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. This page contains information about the consumer protection act, no 68 of 2008 and its history. Section 42b of the south african consumer protection act 68 of 2008. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. The primary objective of the consumer protection act is to establish consumer rights and provide free, effective and efficient enforcement of those rights through the establishment of the national consumer commission ncc. See also jacobs, stoop and van niekerk 2010 pelj 357358. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. Section 1502 added section p to the securities exchange act of.
Cancelling a fixed term contract the consumer protection act. Canada an d south africa and cam e to the conc lusion th at if any legislation is. Federal consumer protection law chapter i general provisions article 1. Keep the consumer protection act in mind when facilitating promotional competitions. Doddfrank wall street reform and consumer protection act relating to the use of conflict minerals. Federal consumer protection law chapter i general provisions. The impact of the consumer protection act on insurance. Purpose of the consumer protection act vukuzenzele. The law overhauled financial regulation in the aftermath of the the great recession, and it made changes affecting all federal financial regulatory agencies and almost every part of the nations financial services industry. Dti advertorial the purpose of the consumer protection act is to prevent consumers from being exploited and harmed. It should be noted that the regulations to be promulgated in terms of the act were not officially published at the time of this publication.
An act to amend the national consumer credit protection act 2009, and for related purposes assented to 3 march 2010 the parliament of australia enacts. To learn more about the cpa, read our quicklaw guide. Consumer protection is not a new concept in south africa and. Eighteen 18 months after signature october 2010 date on.
South africas new consumer protection act aims to provide the consumer with certain rights and protection. Laws of malaysia act 599 consumer protection act 1999 an act to provide for the protection of consumers, the establishment of the national consumer advisory council and the tribunal for consumer claims, and for matters connected therewith. Return of goods under the consumer protection act in south africa. In south africa there are many regulations which relate to the production, marketing and labelling of food to protect the consumer. We are adopting a new form and rule pursuant to section 1502 of the doddfrank wall street reform and consumer protection act relating to the use of conflict minerals. Arrangement of sections sections chapter 1 interpretation, purpose and application part a interpretation 1. There are a number of sections in the consumer protection act. The study will start of with a brief discussion on the implementation and need for a consumer protection act in south africa, followed by the sellers common law obligations. All of the provisions of the consumer protection act of 2008 cpa or act will come into full force and effect shortly. The consumer protection act your guide to consumer rights. The main pieces of consumer protection legislation are. This act provides rules relative to fair competition on zambia and provides for the protection of consumers.
A consumer includes any business with a total annual turnover that is less than. For the reasons set out above, and to give effect to the international law obligations of the republic, a. If a person is of the belief that a supplier has breached the consumer protection act in respect of direct marketing she may lodge a complaint with the supplier, or lodge a complaint with a complaints body, such as an ombudsman, the national consumer commission and so on, for investigation. The right to return goods applicable sections of the consumer protection act, 68 of 2008. 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. E it therefore enacted by the parliament of the republic of south africa, as follows. Securities and exchange commission 17 cfr parts 240 and 249b. When can a consumer return goods under the consumer protection act cpa in south africa. Doddfrank wall street reform and consumer protection act. Consumer protection act, no 68 of 2008 legal legal and. It is hereby notified that the president has assented to the following act, which is. To comply with the principles of the act in all our dealings with our customers, whether it be marketing, the sale of goods and after sales service. It promotes a fair and accessible marketplace for consumer products and services. National consumer credit protection amendment act 2010.
Protection of consumer rights 1 if a consumer has exercised, asserted or sought to uphold any right set out in this act or in an agreement or transaction with a supplier, the supplier must not, in response. In addition to the multitude of legislations pertaining to food labelling, there is also no single regulatory authority on labelling of foodstuffs. In evaluating the provisions of the cpa, it is necessary to take notice of the malpractices it seeks to address. The primary objective of the consumer protection act is to establish consumer.
Communique, 19 august 2010 consumer protection act. Consumer law schedule 2 to the competition and consumer act, 2010. Direct marketing and the consumer protection act legalwise. Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. The australian consumer law contained in schedule 2 of the competition and consumer act 2010 cth sale of goods act 1895 sa. National consumer protection institutions consumer prorection. B 4151999 be it enacted by the parliament of malaysia as follows. The consumer protection act has two 2 implementation dates. Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. How counterfeiters are using the covid19 pandemic to their benefit. Legalwise offers assistance and information on the consumer protection act 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. 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. Consumer protection act 68 of 2008 south african government. Every transaction occurring within the republic of south africa promotion or. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. The competition and consumer act 2010 cth and the australian consumer law the competition and consumer act 2010 cca formerly the trade practices act 1974 is a national law that governs how all businesses in australia must deal with their competitors, suppliers and customers.
Interpretation part b purpose, policy and application of act 3. Notice in terms of section 673 of the competition act, 2003. The consumer protection act cpa not only has socioeconomic consequences, but more specifically, impacts on the insurance industry in a major way. The main focus point of this dissertation is how the duties of a seller to an agreement of sale will be influenced and amended, either expressly or by implication. The consumer protection act cpa 68 of 2008 addresses these problems. Direct marketing in terms of the consumer protection act.
Labelling food facts food advisory consumer service. Its provisions cannot be waived, and no customs, uses, practices, covenants or stipulations to the contrary shall be asserted against the observance hereof. The new consumer protection act protects consumer rights in south africa and highlights what consumers are entitled to, as well as the responsibility of suppliers of goods and services. Funded with the support of the governments of australia and south australia. Van schaik bookstore acknowledges and supports the act. The consumer protection act regulates the relationship between a consumer and a supplier and will apply to any agreement for the supply of goods and services. The doddfrank wall street reform and consumer protection act commonly referred to as doddfrank is a united states federal law that was enacted on july 21, 2010.
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. The act, which was gazetted on april 29 2009 the minister is due to publish regulations at the end of april 2010. Consumer protection measures are often established by law. In south africa there is no single food law which can be referenced to determine compliance with the law and for each product one or more of the foodstuffs, cosmetics and disinfectants act, agricultural products standards act, meat safety act, and the consumer protection act can be relevant. Every transaction occurring within the republic of south africa promotion or supply of any. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. 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. But what does it all really mean for consumers, how does it affect consumers and why should consumers be aware of the laws relating to food labelling. That it is desirable to promote an economic environment that supports.
Constitution means the constitution of the republic of south africa, 1996. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. With acts you are guaranteed the latest and most up to date resource for your legislative needs. It shall not be a defense to any tort claim in any court in the united states that a manufacture of a product has fulfilled that manufacturers duty of care when the manufacturer provides all of the necessary information to a learned intermediary who then interacts with the consumer of the product. In with the consumer protection act and out with a shove of the foot just a spoonful of sugar. Labelling legislation in south africa is complex and must be looked at as a whole and not each part in isolation. Fundamental rights the consumer protection act south africa the consumer protection act.
541 80 439 312 498 193 211 1098 1513 648 877 1048 1237 81 1057 616 189 115 783 115 1405 620 1087 1467 181 1395 1663 632 840 1424 542 380 1466 552 1394 961 368 1061 994