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Table of Contents
Consumer Protection Act, 2008 (Act No. 68 of 2008)
Notice No. 467 of 2009
Act
Preamble
Chapter 1 : Interpretation, Purpose and Application
Part A : Interpretation
1. Definitions
2. Interpretation
Part B : Purpose, policy and application of Act
3. Purpose and policy of Act
4. Realisation of consumer rights
5. Application of Act
6. Threshold determination
7. Requirements of franchise agreements
Chapter 2 : Fundamental Consumer Rights
Part A : Right of equality in consumer market
8. Protection against discriminatory marketing
9. Reasonable grounds for differential treatment in specific circumstances
10. Equality Court jurisdiction over this Part
Part B : Consumer's right to privacy
11. Right to restrict unwanted direct marketing
12. Regulation of time for contacting consumers
Part C : Consumer's right to choose
13. Consumer's right to select suppliers
14. Expiry and renewal of fixed-term agreements
15. Pre-authorisation of repair or maintenance services
16. Consumer's right to cooling-off period after direct marketing
17. Consumer's right to cancel advance reservation, booking or order
18. Consumer's right to choose or examine goods
19. Consumer's rights with respect to delivery of goods or supply of service
20. Consumer's right to return goods
21. Unsolicited goods or services
Part D : Right to disclosure and information
22. Right to information in plain and understandable language
23. Disclosure of price of goods or services
24. Product labelling and trade descriptions
25. Disclosure of reconditioned or gray market goods
26. Sales records
27. Disclosure by intermediaries
28. Identification of deliverers, installers and others
Part E : Right to fair and responsible marketing
29. General standards for marketing of goods or services
30. Bait marketing
31. Negative option marketing
32. Direct marketing to consumers
33. Catalogue marketing
34. Trade coupons and similar promotions
35. Customer loyalty programmes
36. Promotional competitions
37. Alternative work schemes
38. Referral selling
39. Agreements with persons lacking legal capacity
Part F : Right to fair and honest dealing
40. Unconscionable conduct
41. False, misleading or deceptive representations
42. Fraudulent schemes and offers
43. Pyramid and related schemes
44. Consumer's right to assume supplier is entitled to sell goods
45. Auctions
46. Changes, deferrals and waivers, and substitution of goods
47. Over-selling and over-booking
Part G : Right to fair, just and reasonable terms and conditions
48. Unfair, unreasonable or unjust contract terms
49. Notice required for certain terms and conditions
50. Written consumer agreements
51. Prohibited transactions, agreements, terms or conditions
52. Powers of court to ensure fair and just conduct, terms and conditions
Part H : Right to fair value, good quality and safety
53. Definitions applicable to this Part
54. Consumer's rights to demand quality service
55. Consumer's rights to safe, good quality goods
56. Implied warranty of quality
57. Warranty on repaired goods
58. Warning concerning fact and nature of risks
59. Recovery and safe disposal of designated products or components
60. Safety monitoring and recall
61. Liability for damage caused by goods
Part I : Supplier's accountability to consumers
62. Lay-bys
63. Prepaid certificates, credits and vouchers
64. Prepaid services and access to service facilities
65. Supplier to hold and account for consumer's property
66. Deposits in respect of containers, pallets or similar objects
67. Return of parts and materials
Chapter 3 : Protection of Consumer Rights and Consumers' Voice
Part A : Consumer's right to be heard and obtain redress
68. Protection of consumer rights
69. Enforcement of rights by consumer
70. Alternative dispute resolution
71. Initiating complaint to Commission
Part B : Commission investigations
72. Investigation by Commission
73. Outcome of investigation
74. Consent orders
75. Referral to Tribunal
Part C : Redress by court
76. Powers of court to enforce consumer rights
77. Support for consumer protection groups
78. Accredited consumer protection group may initiate actions
Chapter 4 : Business Names and Industry Codes of Conduct
Part A : Business names
79. Identification of supplier
80. Registration of business names
81. Criteria for business names
Part B : Industry codes of conduct
82. Industry codes
Chapter 5 : National Consumer Protection Institutions
Part A : National and provincial co-operation
83. Co-operative exercise of concurrent jurisdiction
84. Provincial consumer protection authorities
Part B : Establishment of National Consumer Commission
85. Establishment of National Consumer Commission
86. Minister may direct policy and require investigation
87. Appointment of Commissioner
88. Appointment of inspectors and investigators
89. Conflicting interests
90. Finances
91. Reviews and reports to Minister
Part C : Functions of Commission
92. General provisions concerning Commission functions
93. Development of codes of practice relating to Act
94. Promotion of legislative reform
95. Promotion of consumer protection within organs of state
96. Research and public information
97. Relations with other regulatory authorities
98. Advice and recommendations to Minister
Chapter 6 : Enforcement of Act
Part A : Enforcement by Commission
99. Enforcement functions of Commission
100. Compliance notices
101. Objection to notices
Part B : Powers in support of investigation
102. Summons
103. Authority to enter and search under warrant
104. Powers to enter and search
105. Conduct of entry and search
106. Claims that information is confidential
Part C : Offences and penalties
107. Breach of confidence
108. Hindering administration of Act
109. Offences relating to Commission and Tribunal
110. Offences relating to prohibited conduct
111. Penalties
112. Administrative fines
113. Vicarious liability
Part D : Miscellaneous matters
114. Interim relief
115. Civil actions and jurisdiction
116. Limitations of bringing action
117. Standard of proof
118. Serving documents
119. Proof of facts
Chapter 7 : General Provisions
120. Regulations
121. Consequential amendments, repeal of laws and transitional arrangements
122. Short title and commencement
Schedule 1 : Amendment of laws
Schedule 1 : Amendment of laws
Schedule 2 : Transitional provisions
Schedule 2 : Transitional provisions
1. Definitions
2. Incremental effect of Act
3. Application of Act to pre-existing transactions and agreements
4. Delayed operation of section 11(4)(b)(ii)
5. Relief from requirement to register business names
6. General preservation of regulations, rights, duties, notices and other instrumen
7. Provincial regulatory capacity
8. Continued application of repealed laws
9. State employees enforcing previous Acts
10. Exclusion of certain laws
Rules
Rules Regulating the Functioning of the National Consumer Commission
Notice No. 489 of 2011
Part 1 : General Provisions
1. Short title
2. Interpretation
3. Office hours and address of Commission
4. Condonation of time limits
Part 2 : Delivery of Documents
5. Delivery of documents
6. Issuing documents
7. Filing documents
8. Fees
9. Form of orders, notices and applications
10. Form of Orders and Notices of Referral
11. Form of Annual Report
Part 3 : Access to Commission Records
12. Restricted information
13. Access to information
Part 4 : Complaint Procedures
14. Withdrawal of complaints
15. Multiple complaints
16. Consent agreements
Part 5 : Exemptions
17. Procedures relating to exemption applications
Regulations
Consumer Protection Act Regulations
Notice No. R. 293 of 2011
1. Short title and definitions
2. Franchise agreements
3. Disclosure document for prospective franchisee
4. Mechanisms to block direct marketing communication
5. Maximum duration for fixed-term consumer agreements
6. Product labelling and trade descriptions:
7. Product labelling and trade descriptions: genetically modified organisms
8. Disclosure of reconditioned or grey market goods
9. Information to be disclosed by intermediary
10. Records to be kept by intermediary
11. Promotional competitions
12. Cautionary statement for alternative work schemes
13. Interpretation: Fraudulent Schemes and Offers
14. Prohibition on intermediary arranging transport contracts
15. Public property syndication schemes
16. Prohibition on feasibility studies promising funding
17. Calculation of interest for multiplication scheme
18. Definitions, interpretation and application: auctions
19. Mandatory advertising of auctions
20. General rules on advertising of auctions
21. Rules of auction
22. Auctioneer and auction house to hold and
23. Disqualification to conduct auction
24. Prohibited behaviour
25. False entry in auction record
26. Bidder's record
27. Ownership
28. Bidding
29. Mock auction
30. Internet or electronic auctions
31. Records
32. Motor vehicle auctions
33. Livestock, game and closed auctions
34.Maximum amount of cancellation penalty for lay-by's
35. Initiating complaint to Commission
36. Investigation by Commission
37. Outcome of investigation
38. Standards, procedures and related matters for
39. Form, manner and fee to register business names
40. Notice to cancel registration
41. Official languages to be used by Commission
42. Compliance notice
43. Confidential information
44. List of contract terms which are presumed
Annexures
Annexure A : Regulation 4(2)
Annexure B : Section 14(4)(c)
Annexure C : Section 16
Annexure D : Regulation 6(1)
Annexure E : Regulation 35
Annexure F : Regulation 36
Annexure G : Regulation 37
Annexure H - Regulation 39
Annexure I : Regulation 40(1)
Annexure J : Regulation 40(2)
Annexure K : Section 88
Annexure L : Regulation 42
Annexure M : Regulation 43
Notice
Prohibited time for contacting consumers
Threshold for pre-authorisation of repair or maintenance services
Exemption for certain categories of goods or services
Notices
South African Automotive Industry Code of Conduct
Notice No. 817 of 2014
Vision
Mission
Part A
1. Introduction
2. Definitions
3. Required performance standards
4. Obligations by suppliers regarding complaints
5. Non-compliance with the Code
Part B : Alternative Dispute Resolution
6. Dispute resolution mechanisms
7. Maintaining the independence of the Motor Industry Ombud
8. Objectives of MIOSA
9. MIOSA selection criteria
10. Ombud appointment procedures
11. Removal of the Ombud
12. Minimum standards and powers of the MIOSA
13. Funding the MIOSA
14. Conflict of interest
15. Accountability
16. Reports, statistics and awareness
17. Jurisdiction of the MIOSA
18. General administrative powers of Ombud
19. Deregistration and liquidation of MIOSA
20. Considering a complaint
21. Procedure for determination of a dispute
22. MIOSA actions
23. Post resolution of dispute
24. General operations
25. Transitional period
Schedules
Schedule 1 : List of current industry associations
Schedule 2 : MIOSA complaints process
Schedule 3 : Internal complaints handling guidelines
Schedule 4 : Complaint forms
Schedule 5 : Funding of MIOSA
Guidelines to be followed by the National Consumer Commission in assessing applications for accreditation of consumer protection groups in terms of section 78 of the Consumer Protection Act 68 of 2008 (The CPA)
Notice No. 1366 of 2022
Part A
1. Preamble
2. Introduction
3. Legislative Framework
4. Enforcement Action
Part B
5.
6. Pertinent information to be included in the application and to be used as a criteria to assess application for accreditation
7. Obligations of the NCC
8. Monitoring and evaluation of consumer protection groups
9. Basic principles for advancing the purpose and policy of the CPA applicable to consumer protection groups
Accreditation Application Form: Consumer Protection Group
business
means the continual marketing of any goods or services;
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