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...

In light of the declaration of a state of national disaster due to the COVID-19 pandemic, there is a lot of uncertainty for suppliers and consumers. Businesses are under an enormous amount of stress, with respect to their potential, to uphold or accept any commitments for bookings for services or goods after the lockdown. Consumers and suppliers could face the dilemma of being unable to commit to booking if the lockdown gets extended to a later date, or otherwise, suppliers could be tempted to...

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...

The President of the Republic of South Africa, Cyril Ramaphosa, declared the outbreak of the COVID-19 coronavirus a national disaster, invoking the Disaster Management Act[1]. [2]An assessment was done regarding the COVID-19 epidemic, and drastic steps were needed. Schools, in particular, had been identified as one of the biggest threats in terms of transmission of the COVID-19 epidemic. On or about 15 March 2020, it was announced that all schools be closed until 14 April 2020 or further...

Unless otherwise informed by the authorities that be, the cancellation procedures set out in the Consumer Protection Act still applies to cancellations of reservations/bookings made in advance. There has been uncertainty in the hospitality industry when it comes to the COVID-19 pandemic with business owners not knowing where they stand and not knowing the options available to them as a result of such cancellations. It is clear that Section 17 of the Consumer Protection Act states that a...

In terms of the Consumer Protection Act 68 of 2008 (hereinafter referred to as “the Act”) it is important that consumers are provided with sufficient information relating to the specific nature of services being provided. This includes being informed of the possible risks and dangers if the manner of service delivery requested is not according to the service provider’s recommendations or industry standards. In the circumstances, if the services being requested or products fitted and/or...

A new trend has emerged where companies are using a marketing tactic in which goods are promoted and offered to be sold to consumers telephonically. The only problem is that the consumer is misrepresented and all the facts of the sale are not disclosed. At first, delivery of the products are made to the consumer but soon, without any order or acceptance, the same delivery is made within more or less one month. It then follows that consumers are subsequently threatened by agencies attempting to...