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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

65. Supplier to hold and account for consumer’s property



1) Subsection (2) does not apply to a supplier that is—
a) a bank, as defined in the Banks Act, 1990 (Act No. 94 of 1990);
b) a mutual bank, as defined in the Mutual Banks Act, 1993 (Act No. 124 of 1993); or
c) any other financial institution that is similarly licensed and authorised to conduct business and take deposits from the public in terms of any national legislation.


2) When a supplier has possession of any prepayment, deposit, membership fee, or other money, or any other property belonging to or ordinarily under the control of a consumer, the supplier—
a) must not treat that property as being the property of the supplier;
b) in the handling, safeguarding and utilisation of that property, must exercise the degree of care, diligence and skill that can reasonably be expected of a person responsible for managing any property belonging to another person; and
c) is liable to the owner of the property for any loss resulting from a failure to comply with paragraph (a) or (b).


3) A person who assumes control of a supplier’s property as administrator, executor or liquidator of an estate—
a) has a duty to the consumer—
i) to diligently investigate the circumstances of the supplier’s business to ascertain the existence of any money or other property belonging to the consumer and in the possession of the supplier; and
ii) to ensure that any such money or property is dealt with for the consumer’s benefit in accordance with this section; and
b) is liable to the consumer for any loss, unless that person has acted—
i) in good faith; and
ii) without knowledge of the existence of the consumer’s interest.