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Consumer Protection Act, 2008 (Act No. 68 of 2008)


Notice No. 467

29 April 2009


(English text signed by the President)

(Assented to 24 April 2009)


It is hereby notified that the President has assented to the following Act, which is hereby published for general information:-


To promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote responsible consumer behaviour, to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements, to establish the National Consumer Commission, to repeal sections 2 to 13 and sections 16 to 17 of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), the Business Names Act, 1960 (Act No. 27 of 1960), the Price Control Act, 1964 (Act No. 25 of 1964), the Sales and Service Matters Act, 1964 (Act No. 25 of 1964), the Trade Practices Act, 1976 (Act No. 76 of 1976), the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988), and to make consequential amendments to various other Acts; and to provide for related incidental matters.




The people of South Africa recognise-

That apartheid and discriminatory laws of the past have burdened the nation with unacceptably high levels of poverty, illiteracy and other forms of social and economic inequality;


That it is necessary to develop and employ innovative means to-

a) fulfil the rights of historically disadvantaged persons and to promote their full participation as consumers;
b) protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace; and
c) to give effect to internationally recognised customer rights;


That recent and emerging technological changes, trading methods, patterns and agreements have brought, and will continue to bring new benefits, opportunities and challenges to the market for consumer goods and services within South Africa; and


That it is desirable to promote an economic environment that supports and strengthens a culture of consumer rights and responsibilities, business innovation and enhanced performance.


For the reasons set out above, and to give effect to the international law obligations of the Republic, a law is to be enacted in order to-

promote and protect the economic interests of consumers;
improve access to, and the quality of information that is necessary so that consumers are able to make informed choices according to their individual wishes and needs;
protect consumers from hazards to their well being and safety;
develop effective means of redress for consumers;
promote and provide for consumer education, including education concerning the social and economic effects of consumer choices;
facilitate the freedom of consumers to associate and form groups to advocate and promote their common interests; and
promote consumer participation in decision-making processes concerning the marketplace and the interests of consumers


BE IT THEREFORE ENACTED by the Parliament or the Republic of South Africa, as follows:-