CONSUMER PROTECTION

The Purpose of the act is:

• Protecting consumers from unfair, unjust, and unconscionable business practices;
• Providing accessible and efficient dispute resolution and redress for consumers;
• Establishing a legal framework for a market that is fair, accessible, efficient, sustainable and responsible;
• Reducing disadvantages to consumers who are –

• In low income groups;
• Who live in remote and isolated areas;
• Who are minors, seniors or similarly vulnerable;
• Whose ability to react and comprehend advertisements, agreements, labels and instructions are limited;

• Promoting fair business practices;
• Improving consumer awareness;
• Enhance consumer safety.

The Act therefore regulates:

• Marketing of goods and services;
• Warranties and guarantees;
• Cooling off periods;
• Lay by’s;
• Forfeiture of goods by suppliers;
• Record keeping;
• Delivery of goods and services;
• Discrimination against consumers;
• Consumer’s privacy;
• Language to be used in documentation;
• Franchise agreements to a certain extent;
• Dispute resolution and consumer commission powers;
• Fines and penalties to suppliers.

Transitional Provision:

Businesses have 18 months from 24 April 2009 to align to the legislation.

Our Services:

Audit standard documents relating to consumers such as:
1.  Invoice
2.  Terms and Conditions of sale
3.  Registers
4.  Policies

• Advice and draft amendments to consumer related documentation;
• Telephonic aid/or on site assistance upon receipt of customer complaints;
• Assistance to enable client to comply with legislation;
• Advice and assistance upon receipt of compliance orders;
• Assistance at consumer tribunal;
• Training of relevant staff (once per annum).

The Consumer Protection Act will have a similar impact on suppliers as the National Credit Act had on Banks and as the labour legislation had on employers and employees. 

For further information please call:

Hansie Coetzer or Fritz Thirion at the Pretora Office +27 12 810 2000