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

Chapter 3 : Protection of Consumer Rights and Consumers’ Voice

Part B : Commission investigations

72. Investigation by Commission



1) Upon initiating or receiving a complaint in terms of this Act, the Commission may—
a) issue a notice of non-referral to the complainant in the prescribed form, if the complaint—
i) appears to be frivolous or vexatious;
ii) does not allege any facts which, if true, would constitute grounds for a remedy under this Act; or
iii) is prevented, in terms of section 116, from being referred to the Tribunal;
b) refer the complaint to an alternative dispute resolution agent, a provincial consumer protection authority or a consumer court for the purposes of assisting the parties to attempt to resolve the dispute in terms of section 70, unless the parties have previously and unsuccessfully attempted to resolve the dispute in that manner;
c) refer the complaint to another regulatory authority with jurisdiction over the matter for investigation; or
d) direct an inspector to investigate the complaint as quickly as practicable, in any other case.


2) At any time during an investigation, the Commission may designate one or more persons to assist the inspector conducting the investigation contemplated in subsection (1).