The Consumer and Corporate Regulations Division (CCRD) at the Department of Trade and Industry held a seminar on 4 & 5 March 2019 at the office of the National Consumer Commission (NCC) to discuss consumer redress issues in the South African motor industry.   Key role players, including SEESA, implicated in the process of consumer complaints handling were invited in order to share strategies and mechanisms on how the current system can be made more effective. Great emphasis was placed...

Consent, as one of the justification grounds for lawful processing of information, can frequently be interpreted as meaning that one simply needs to obtain a “yes” from a data subject. This is not the case. The Responsible Party will always bear the burden of proof in that consent has been properly obtained from the data subject. The business must keep proper records in order to prove that the consent was obtained. The concept of consent can be complex and found in a variety of sections of the...

The general misconception amongst many consumers is that the right to return goods (Section 20 of the Consumer Protection Act) applies regardless of the reason for the return. Therefore suppliers are often bullied into accepting returns even when there is no obligation on them to do so. It is quite clear from Section 20 of the CPA that this right does not apply where a consumer had a change of heart or buyer’s remorse. The background to this discussion involves a careful look at Section 20 of...

According to the Consumer Protection Act (CPA), consumers have the right to suitable, quality products. When selling second-hand goods, suppliers often merely cites “voetstoots” and the consumer is expected to accept the goods as it is presented to them. However, the CPA protects consumers’ rights by placing specific obligations on the supplier to provide good working goods, usable for the purpose it was originally intended. A quick look at the CPA explains these rights and obligations....