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

Chapter 6 : Enforcement of Act

Part C : Offences and penalties

112. Administrative fines



1) The Tribunal may impose an administrative fine in respect of prohibited or required conduct.


2) An administrative fine imposed in terms of this Act may not exceed the greater of—
a) 10 per cent of the respondent’s annual turnover during the preceding financial year; or
b) R1 000 000.


3) When determining an appropriate administrative fine, the Tribunal must consider the following factors:
a) The nature, duration, gravity and extent of the contravention;
b) any loss or damage suffered as a result of the contravention;
c) the behaviour of the respondent;
d) the market circumstances in which the contravention took place;
e) the level of profit derived from the contravention;
f) the degree to which the respondent has co-operated with the Commission and the Tribunal; and
g) whether the respondent has previously been found in contravention of this Act.


4) For the purpose of this section, the annual turnover of a supplier at the time when an administrative fine is assessed, is the total income of that supplier during the immediately preceding year, as determined in the prescribed manner.


5) A fine payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution.