A press release from the office of the Consumer Goods and Services Ombudsman has been doing its rounds stating it has received several complaints relating to returns. Clothing, in particular, has drawn the most attention during level 4 lockdown where it was stated that suppliers are not allowing fittings or returns and that consumers only find out about this when they attempt to return. Ms Magauta Mphahlele, the CGSO Ombudsman stated that “lockdown related returns policies must be judged...

Businesses often use competitions as a mechanism to market products or services to customers. During the COVID-19 pandemic, when lockdown regulations have restricted certain stores from opening, we have seen an uptake of competitions run by small to medium-sized companies. If you go on Instagram or Facebook, you will most likely see at least one such company promoting their goods through a competition. It is an easy way to market the goods you sell while people cannot visit your store....

On the 25th of March 2020, the Minister of Communications, Telecommunications and Postal Services, Stella Ndabeni-Abrahams, announced that one’s cell phone data will be used to curb the spread of COVID-19.[1] Chapter 3 of the Regulations issued in terms of Section 27(2) of the Disaster Management Act, allow for the formation of a COVID-19 tracing database.[2] This will be conducted in the form of contact tracing. This can be defined as “the practice of identifying and monitoring...

The inability by the tenant’s to afford the cost of rent is on the increase as the lockdown period continues and the majority of the working population being unable to return to work. Questions relating to lapsed leases, non-payment/partial payment of rent and evictions of tenants have consequently become more prevalent. The rights and obligations of the landlord and tenant must, therefore, be weighed against the Level 4 Regulations which will be addressed in the queries received below. My...

The normal that we are used to has completely changed. While everyone is navigating in unchartered waters, the Consumer Goods and Services Ombud is also doing their part in flattening the COVID-19 curve. The Consumer Goods and Services Ombud has mentioned that they are aware of the fact that the pandemic has a tremendous effect on the rendering of goods and services by suppliers and the cancellation thereof by consumers. The Consumer Goods and Services Ombud has brought some relief in dispute...

With the COVID-19 pandemic leaving its mark on all forms of “normal”, the pandemic has forced the world and more specific, consumers, to think and rethink the way they go about their daily lives and activities. It is of utmost importance that consumers know what their rights are when transacting online. The COVID-19 pandemic has forced consumers to purchase their essential goods via online platforms due to the fear of contracting the virus while visiting essential goods retailers. [1]The...

The Competition Act and Consumer Protection Act in focus. The recent outbreak of the COVID-19 (coronavirus) and the resulting declaration of a state of the national disaster led to the President ordering a nationwide lockdown of, initially, twenty-one days. The lockdown has subsequently been extended by a further fourteen days[1]. This lockdown has had a profound effect on the day-to-day running of suppliers’ businesses. With the announcement of the national lockdown, the government declared...

The current lockdown due to the COVID-19 virus is unheard of in the recent history of South Africa.  It is also a very uncertain period in terms of income for the majority of businesses and with a very high probability of possible retrenchments in the months to come. Business owners are currently trying to think of alternative ways to generate income or to draw new clients once the lockdown ends.  One of the alternatives is selling gift vouchers during the lockdown as a way of generating some...

The recent outbreak of the COVID-19 coronavirus and the resulting declaration of a state of the national disaster led to high demand for certain healthcare & hygiene products and also basic food items, on its part due to panic buying. Due to the high demand, prices have increased as many consumers rushed to stockpile in anticipation of total lockdown. Looking at applicable consumer legislation, it is important for suppliers to be aware of their responsibility for ethical business practices...

Purpose of POPI: The Protection of Personal Information Act[1] (POPI) was promulgated and sets out guidelines for the lawful collection and processing of individuals’ personal information. This includes, amongst other any information relating to an individual’s well-being, medical status or whereabouts. COVID-19 Pandemic: On 15 March 2020, the president declared the COVID-19 pandemic a national disaster and a public health emergency which poses a risk to the well-being of each and every...