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

Chapter 6 : Enforcement of Act

Part A : Enforcement by Commission

99. Enforcement functions of Commission



The Commission is responsible to enforce this Act by—

a) promoting informal resolution of any dispute arising in terms of this Act between a consumer and a supplier, but is not responsible to intervene in or directly adjudicate any such dispute;
b) receiving complaints concerning alleged prohibited conduct or offences, and dealing with those complaints in accordance with Part B of Chapter 3;
c) monitoring—
i) the consumer market to ensure that prohibited conduct and offences are prevented, or detected and prosecuted; and
ii) the effectiveness of accredited consumer groups, industry codes and alternative dispute resolution schemes, service delivery to consumers by organs of state, and any regulatory authority exercising jurisdiction over consumer matters within a particular industry or sector;
d) investigating and evaluating alleged prohibited conduct and offences;
e) issuing and enforcing compliance notices;
f) negotiating and concluding undertakings and consent orders contemplated in section 74;
g) referring to the Competition Commission any concerns regarding market share, anti-competitive behaviour or conduct that may be prohibited in terms of the Competition Act, 1998 (Act No. 89 of 1998);
h) referring matters to the Tribunal, and appearing before the Tribunal, as permitted or required by this Act; and
i) referring alleged offences in terms of this Act to the National Prosecuting Authority.