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

Chapter 6 : Enforcement of Act

Part A : Enforcement by Commission

100. Compliance notices



1) Subject to subsection (2), the Commission may issue a compliance notice in the prescribed form to a person or association of persons whom the Commission on reasonable grounds believes has engaged in prohibited conduct.


2) Before issuing a notice in terms of subsection (1) to a regulated entity, the Commission must consult with the regulatory authority that issued a licence to that regulated entity.


3) A compliance notice contemplated in subsection (1) must set out—
a) the person or association to whom the notice applies;
b) the provision of this Act that has not been complied with;
c) details of the nature and extent of the non-compliance;
d) any steps that are required to be taken and the period within which those steps must be taken; and
e) any penalty that may be imposed in terms of this Act if those steps are not taken.


4) A compliance notice issued in terms of this section remains in force until—
a) it is set aside by the Tribunal, or a court upon a review of a Tribunal decision concerning the notice; or
b) the Commission issues a compliance certificate contemplated in subsection (5).


5) If the requirements of a compliance notice issued in terms of subsection (1) have been satisfied, the Commission must issue a compliance certificate.


6) If a person to whom a compliance notice has been issued fails to comply with the notice, the Commission may either—
a) apply to the Tribunal for the imposition of an administrative fine; or
b) refer the matter to the National Prosecuting Authority for prosecution as an offence in terms of section 110(2),

but may not do both in respect of any particular compliance notice.