In the past, people were not always protected against suppliers of goods or services. Suppliers could have misled consumers about the quality of their goods or services and offered them goods or services on unreasonable terms and conditions, leaving the consumer with little or no remedy if a problem occurred. Section 54 of the Consumer Protection Act 68 of 2008 regulates the specific rights of a consumer when a supplier gives an undertaking to perform any services for or on behalf of a consumer
These specific rights are as follows:
- timely performance in the completion of those services, timely notice of any unavoidable delay in performing the services;
- performance of the services in the manner and quality that are expected;
- the use, delivery or installation of goods that are free of defects and of a quality that is generally expected, if any such goods are required for performing the services; and
- return of any property or control over any property of the Consumer in at least as good condition as it was when the Consumer made it available to the supplier for performing the required services.
When a supplier cannot perform a service under the specific rights as contained in Section 54 of the Consumer Protection Act 68 of 2008, the consumer may require the supplier to:
- remedy any defect in the quality of the services performed or goods supplied; or
- refund the consumer a reasonable portion of the price paid for the services performed and goods supplied, regarding the extent of the failure.
If the supplier remedies no defect or refunds the consumer, the dispute should be referred to a Dispute Resolution Agent, who will go through an Alternative Dispute Resolution (ADR) process. These options usually involve Ombudsman schemes or Provincial Consumer Protection Authorities. If the consumer again does not obtain the desired outcome, there is also the option of approaching the National Consumer Commission (NCC). The National Consumer Commission presides over matters where a supplier has violated consumer rights. However, the National Consumer Commission (NCC) only applies to disputes involving goods and services and not any credit-related agreements. The Commission will investigate any referred complaints and, based on all the information and evidence, refer cases to be adjudicated by the National Consumer Tribunal (NCT).
The National Consumer Commission (NCC) promotes finding an amicable resolution of complaints and doesn’t directly intervene in adjudicating disputes. Only the Consumer Tribunal can declare if the Consumer Protection Act has been contravened, order changes, impose administrative fines, and interdict future prohibited practices. Should the National Consumer Commission find evidence of discriminatory practices, the National Consumer Commission has the authority to refer the matter to the Equality Court.
The conclusion made from the above is that since implementing the Consumer Protection Act 68 of 2008, the consumer is now protected and has remedies should they not receive the so-called “promised” service. Consumers were not protected in the past. Therefore, the Act’s effect is that consumers are protected and that suppliers of service must ensure that they live up to services that they promise, advertise and promote.
Want to know more about Consumer rights? Contact your nearest SEESA for expert legal advice. Alternatively, leave your details on our website, and a SEESA representative will contact you.
About The Author:
Marius Stander started his career at SEESA in 2022. He is currently a Labour and Consumer Protection & POPI Legal Advisor. Marius obtained his LLB Degree from the University of South Africa (UNISA).
Resources:
- The Consumer Protection Act 68 of 2008;
- Law for All: How to lodge a Consumer compliant in South Africa.