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

Chapter 2 : Fundamental Consumer Rights

Part A : Right of equality in consumer market

9. Reasonable grounds for differential treatment in specific circumstances



1) It is not a contravention of section 8 for a supplier to—
a) refuse to supply or provide access to any particular goods or services to a minor, or to require the consent of a parent, guardian or other responsible adult before supplying or providing access to any particular goods or services to an unemancipated minor—
i) in accordance with any public regulation; or
ii) as a reasonable precaution to protect the health, welfare or safety of a minor;
b) refuse on reasonable grounds to—
i) enter into an agreement with a minor for the supply of any goods or services; or
ii) continue, or renew, an agreement contemplated in subparagraph (i),

unless the supplier has reason to believe that the minor is emancipated;

c) reasonably designate any facility or service, permanently, or from time to time, for the exclusive use of—
i) minors generally;
ii) minors who are above or below a specified age, or between specified ages; or
iii) adults who have attained a specified age of at least 60 years; or
d) advertise, offer or agree to supply, or supply, any goods or services at a discounted price solely on the basis that the consumer
i) is a minor who has not yet attained a specified age; or
ii) is an adult who has attained a specified age of at least 60 years.


2) It is not a contravention of section 8 for a supplier to reasonably—
a) provide and designate separate but substantially equivalent facilities for the exclusive use of persons of each gender; or
b) offer to supply or provide access to a facility exclusively to persons of one gender.


3) It is not a contravention of section 8 for a supplier to market any goods or services in a manner that implies or expresses a preference for a particular group of consumers who are distinguishable from the general population on the basis of a ground of discrimination set out in section 9(3) of the Constitution, if the particular goods or services are reasonably intended or designed to satisfy any specific needs or interests that are common to, or uniquely characteristic of, that particular group of consumers.


4) Nothing in this section is intended to limit the authority of a court to—
a) assess the reasonableness of any conduct, to the extent contemplated in subsections (1)(b) or (c), (2) or (3), and determine whether any conduct not reasonably justified, as contemplated in those subsections, constitutes unfair discrimination within the meaning of the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act; or
b) determine whether any conduct contemplated in section 8 was fair in the circumstances of a particular transaction or the marketing of any particular goods or services, as the case may be.