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 doesnt safeguard the interests of. In south africa, as in the rest of the world there has been a shift towards the increased protection of consumers. The consumer protection act cpa applies to the supply of goods and services within south africa, and this act expressly defines residential accommodation as a service, meaning that residential leases are affected by this act. The following articles about the cancellation of agreements may also interest you. Cpa the right to return goods the consumer protection act. What we must not forget is that the constitution 2 of the republic of south africa of 1996, the national health act 3 61 of 2003, as well as the common law, also protect the patientconsumer.
South africa is still in the process of adopting legislation to protect personal data. Consumer protection act will affect rights of property. Consumer protection act south africa national debt. Consumer protection act doesnt safeguard the interests of buyers. Consumer information eaab the estate agency affairs board. Looking back to march 2011, the media were positively giddy with excitement about the consumer protection act, no. How the new consumer law protects you south africa news.
Despite all the noble objectives and purposes of the consumer protection act, it creates several practical challenges. If a supplier can cancel but a consumer cannot, that is an unfair term. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. The high levels of poverty, illiteracy and social and economic inequality necessitate this. Agents and the consumer protection act industry, news. It is hereby notified that the president has assented to the following act, which is. The consumer protection act cpa does not apply to all lease agreements or rental agreements. Estate agents must familiarise themselves with the consumer protection act and have their documents redrafted to avoid getting into trouble. In terms of south african law, the right to privacy is protected in terms of the common law and section 14 of the constitution of south africa 1996. The cpa is not a new piece of legislation anymore but it is intended to govern the rights of consumers where a party is dealing with a individual person or a juristic person that has got assets or turnover under r2 million. I would certainly consider it to be inconsistent with the consumer protection act to not have the ability to get out of the contract at all.
The purpose of the consumer protection act cpa,1 in so many words, is to promote and advance the social and economic welfare of consumers in south africa sa. The consumer protection act cpa, which came into full effect on 01 april 2011, spells out some material changes that apply when the seller is acting in the ordinary course of business and the purchaser is either a body with a turnover and asset value of under r3 million or an individual. Data protection in south africa is regulated under the broad constitutional right to privacy, the common law and a few pieces of legislation that contained interim provisions relating to data protection. What the new consumer protection act will not cover moneyweb. Therefore, if a consumer entered a contract after 2011, they should be able to get out because of the act. If youre a regular newspaper reader, youll have noticed an increase in the number of reports related to the consumer protection act, which came into effect on 1 april 2011. With the increase in electronic commerce globally, large industries managing computerised databases of. Consumer protection act will affect rights of property buyers and sellers. What is the law regards data privacy or data protection in south africa. The cpa applies to an agreement concluded between a consumer and supplier in the ordinary course of business. Melville published by book of life publications isbn. As an estate agent, how does the consumer protection act affect me. 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.
Theron auctioneers consumers protection act information. The obligation to provide information in respect of potential or actual environmental or health impacts of goods or services is covered by cpa regulation. It is really important because the cpa has a big influence on the lease and changes the legal position. Scope and application of the cpa the cpa impacts most industries and governs suppliers and consumers in relation to transactions for the supply of goods and services in south africa entered into in the ordinary course of business for. 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 right to return goods applicable sections of the consumer protection act, 68 of 2008. Johannesburg the new consumer protection act will be implemented on april 1 2011. Consumers can shop online with more confidence when the new consumer protection act comes into effect next month. Please take note of the table in schedule 2 of section 3 of the cpa, it provides the extent of application of certain sections of the act. Does the consumer protection act affect estate agents.
Every transaction occurring within the republic of south africa goods or services that are supplied or performed, in the republic, in. Okay south africa the consumer protection act is now in. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Clarifying layby rules for layman south africa news. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular sector will need to be read with this act to ensure a common standard of protection. The consumer protection act made easy independent education. The consumer protection act, 2008, will come into effect on 31 march 2011. The key element is that the goods remain the property of the store until the client pays in full. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Consumer protection act, no 68 of 2008 legal legal and. Previously, the law allowed the consumer to cancel the agreement at any time, and the store had to. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009 and came into effect on 31 march 2011. An act of parliament to provide for the establishment, powers and functions of the national construction authority and for connected purposes.
Until very recently, south africa did not have data protectionspecific legislation. Establish national norms and standards to ensure consumer protection. The new consumer protection act and the gp anaesthetist. Purchasers of second hand houses have been surprised to learn that the consumer protection act does not offer them any protection against. I, dr rob davies, minister of the department of trade and industry hereby revoke the deferment granted in march 2011 in relation to sections 1 to 7, sections 11 to, sections 15 to 52 and sections 62 to 122 of the consumer protection act to all. The act contains various enforcement and punitive mechanisms to incentivise compliance.
The national consumer protection act western cape government. Data protection and privacy alert 6 february 2012 in this issue international cooperation. Specific protection is given to certain classes of people such as the illiterate, minors, seniors, people living in remote areas and those of low income. 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 consumer protection act does not apply to all lease. The south african national consumer protection act cpa came into effect on 1 april 2011. What the new consumer protection act will not cover. Okay south africa the consumer protection act is now in your hands 4 april 2011 by by alan straton 4 comments complain, complain, complain that is the message from national consumer commissioner mamodupi mohlala to the south african public. Promote a fair, accessible and sustainable marketplace for consumer products and services. The impact of the consumer protection act on pharmacists. Recognition of domestic partnerships in south african law. Fundamental rights the consumer protection act south africa the consumer protection act. Will we see change in laws governing the time share industry. South africa enacts new data protection law jan dhont partner lorenz brussels, belgium j.
Leon nicholas how the new consumer law protects you. We have highlighted some portions of a letter from mihe gaomab ii, secretary and chief executive of the namibian competition commission, which explores some of the provisions and rights contained. South africa will move from full lockdown to the second highest level of covid19 safety measures from 1 may. In both instances, the right to privacy is limited, and to prove an. A consumer buys or uses goods, or receives services from a supplier. From an enforcement perspective, the act provides for the establishment of an information regulator whose powers and functions include monitoring and enforcing compliance with the act, the handling of complaints, south africa. Consumer protection act 68 of 2008 south african government. The consumer protection act and crossborder transactions.
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