At a recent public hearing on draft regulations proposed for data expiry and out-of-bundle billing, the National Consumer Commission (NCC) stated their view that data bundles should have a minimum expiry period of 3 years, in line with Section 63 of the Consumer Protection Act (CPA). In some cases in the telecommunications industry, data bundles expire as soon as 30 days after purchase by consumers. Questions have long been asked on the fairness of losing the use of goods or services already...
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Everything you need to know about reversing a transaction
Did you know there are 3 statutory cooling-off periods to protect consumers? There are 3 statutory cooling-off periods to protect consumers. The right to a cooling-off period enables consumers to reverse a transaction without any penalty. These 3 cooling-off-periods are prescribed by the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communication and Transaction Act 25 of 2002 (ECTA) and the Alienation of Land Act 68 of 1981. Each of these prescribed cooling-off periods describes...
Using a General Incapacity Procedure – a practical illustration
General incapacity has become a big discussion point in all relevant forums as the term ‘general incapacity’ is not specified in Schedule 8 of the Labour Relations Act (LRA). The concept of general incapacity entails that there are some external factors that preclude an employee from performing his duties, the result of which might make the continued employment of the employee untenable. Incapacity should not be limited to ill health, injury or poor work performance. A general incapacity...
Think like a lawyer: ask yourself these 5 questions when handling misconduct
Whenever you need to take disciplinary action against an employee for alleged misconduct there are 5 important factors you (the employer) should take into consideration. Before any action is instituted against an employee, ask yourself these 5 questions: Is there a rule? The obligation is on the employer to prove that he/she did implement a rule. For example, if there is a zero tolerance policy for certain misconduct, this rule should have been implemented before action is taken against...
What is the BEE Commission?
As a result of fronting among business owners in all industries, the establishment of a Broad-Based Black Economic Empowerment (B-BBEE) Commission was announced in October 2015 by the Minister of Trade and Industry. The BEE Commission has a mandate to investigate and deal with fronting, fraud, and other BEE transgressions. Along with policing, fronting and fraud, the BEE Commission assesses BEE transactions and ensures that these contribute towards the long-term goals of the National...
Should your business accept crypto currencies?
These days, all everybody is talking about is the huge growth and profits that is being experienced on the financial stock market in crypto currencies. The frontrunner of the phenomenon, Bitcoin, has surpassed the $20,000 mark in December 2017 and also lost a lot of ground in that same month. Since the start of the crypto currency age we have seen approximately 20 different types of crypto “coins” and you can be sure that there are more to come. The question then arises is what difference will...
