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Consumer Law

Consumer Protection Act
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The general effective date of the Consumer Protection Act 68 of 2008 ("CPA") was 31 March 2011 and since then South African consumers are now amongst the best protected consumers in the world. The CPA applies to most transactions for the supply of goods and services in South Africa unless exempt from the Act. The main focus points are marketing, agreements and safety and quality of goods and services. It is important to note that just as the consumer has rights in terms of the CPA so the supplier has certain duties. It is very important that suppliers of goods and services ensure that their businesses are compliant with the CPA.

Compliance with the Consumer Protection Act - training and documents
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Any new legislation is daunting to become acquainted with and that is why it is advisible to seek legal advice in making your business compliant. Not only should your marketing practices not be in contravention of the CPA but your agreements, forms, indemnities and signs also need to be compliant. There are also certain risks of liability which a supplier, retailer, distributor, manufactuer or producer may face when it comes to the no-fault laibility in respect of defective or unsafe goods. Training of your staff in the rights and duties of the CPA is essential in businesses dealing with consumers on a daily basis. Venn Attorneys offers all of the above services and more.  
 

National Consumer Commission (NCC)and the National Consumer Tribunal (NCT)
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To lodge a complaint in terms of the CPA, a consumer can currently either refer the matter to an ombudsman in that industry or lodge a complaint at the NCC. Once a complaint has been lodged, the NCC should investigate the matter and schedule a conciliation meeting with the parties involved. The NCC does not have the power to make an order, it can only draft consent orders. Some matters may be referred directly to the NCT and the NCT can hear some matters once a Notice of Non-referral has been issued by the NCC. The NCT can make orders. Venn Attorneys assists consumers in lodging their complaints with ombudsmans and at the NCC or NCT.

Venn Attorneys / Consumer Law, Contracts & Promotional Competitions / T 082 371 2548 / jessica@venn-attorneys.co.za / © 2013 by Venn Attorneys

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