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...

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...

The CPA imposes a built-in or automatic warranty (commonly known as a guaranty) that all goods sold comply with the requirements listed in Section 55. If the goods are not suitable for the purposes for which they are intended or otherwise fail to comply with the requirements listed in Section 55, the consumer is entitled to return them, at the supplier’s risk and expense and without penalty, and: (a) Have the item(s) repaired; or (a) Have the item(s) replaced; or (b) Get a full refund of the...

The Protection of Personal Information Act 4 of 2013 (“POPI”) makes provision that every data subject’s personal information should be processed in terms of the act.   Although some employers/companies are under the impression that the act only applies to their clients and/or suppliers it is important to note that employees also fall under the definition of a data subject.  (Data subject means the person to whom the personal information relates). Processing means any operation...

Online transactions are becoming more and more popular, with many consumers opting to purchase online as opposed to going in-store due to their busy lifestyles and the convenience of shopping online. Online retailers need to ensure that these online transactions comply with the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act (CPA). In this article, I will discuss the legal requirements which online retailers need to adhere to in order to ensure that the...

In terms of the Consumer Protection Act, a promotional offer means an offer or promise expressed in any manner of any prize, reward, gift, free goods or services, price reduction or concession, enhancement of quality of quality of goods or services, irrespective of whether or not acceptance of the offer is conditional on the offeree entering into any other transaction. It should be noted that a person must not make a promotional offer with the intention of not fulfilling it at all, or,...