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

Chapter 2 : Fundamental Consumer Rights

Part I : Supplier’s accountability to consumers

64. Prepaid services and access to service facilities



1) If, in terms of any agreement, a consumer agrees or is required to pay—
a) a one-time or periodic membership fee or any similar charge; or
b) any amount in respect of services or access to services to be provided at a date more than 25 business days after the payment is made, other than by way of a prepayment device contemplated in section 63,

the amount so paid remains the property of the consumer until the supplier makes a charge against it in accordance with subsection (2).


2) A supplier may make a charge against the consumer’s money contemplated in subsection (1) once each month in advance for the pro-rata portion of the amount so held, as required to pay the ensuing month’s cost of the membership or service.


3) If a supplier intends to close a facility to which the supplier has committed to provide future access in terms of an agreement with a consumer to provide any service, without making available a reasonably accessible alternative facility, the supplier must —
a) give written notice of that intention to such consumer at least 40 business days before the intended date of closure; and
b) no later than five business days after closing that facility, refund to such consumer the balance of any money belonging to that consumer in terms of this section.


4) Subsection (3)(b), read with the changes required by the context, applies equally in respect of any involuntary closing of a facility contemplated in this section.