Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Competition Act, 1998 (Act No. 89 of 1998)RegulationsConsumer and Customer Protection and National Disaster Management Regulations and Directions5. Unconscionable, unfair, unreasonable and unjust prices |
| 5.1. | In terms of sections 40 and 48 of the Consumer Protection Act a supplier may not— |
| 5.1.1. | engage in unconscionable conduct, which includes the use of unfair tactics in connection with the marketing of any goods or service and the supply of goods or service to a consumer; and |
| 5.1.2. | may not offer to supply, supply or enter into an agreement to supply any good and service at a price that is unfair, unreasonable or unjust. |
| 5.2. | In terms of section 120 (1)(d) of the Consumer Protection Act, during any period of the national disaster, a price increase of a good or service contemplated in Annexure A which— |
| 5.2.1. | does not correspond to or is not equivalent to the increase in the cost of providing that good or service; or |
| 5.2.2. | increases the net margin or mark-up on that good or service above the average margin or mark-up for that good or service in the three month period prior to 1 March 2020, is unconscionable, unfair, unreasonable and unjust and a supplier is prohibited from effecting such a price increase. |
| 5.3. | The Minister, after consultation with the Minister of Health, may issue directions in terms of the regulations issued in terms of section 27(2) of the Disaster Management Act published in Government Notice No. 318 of Government Gazette No. 43107 on 18 March 2020, should it become necessary, to set maximum prices on private medical goods and services relating to the testing, prevention and treatment of the COVID-19 and its associated diseases during the national disaster. |
