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


South African Automotive Industry Code of Conduct

Part B : Alternative Dispute Resolution

12. Minimum standards and powers of the MIOSA


12.1 The MIOSA will:
12.1.1 be registered with the Companies and Intellectual Property Commission as a NOT FOR PROFIT company in terms of the Companies Act, 71 of 2008;
12.1.2 comply with the requirements of the King Code of Governance Principles as amended from time to time.
12.1.3 at all times comply with the provisions of the Companies Act, 71 of 2008 and its regulations as amended from time to time relating to NOT FOR PROFIT Companies;
12.1.4 comply with all government regulation and legislation concerning Broad-Based Black Economic Empowerment including the Preferential Procurement Framework requirements;
12.1.5 be sufficiently resourced to perform and carry out its functions;
12.1.6 not be influenced when making its decisions;
12.1.7 be entirely responsible for the management and determination of complaints;
12.1.8 be accountable to the Minister, the Commissioner of the NCC and the Board;
12.1.9 act independently, objectively, openly and honestly;
12.1.10 have regard to the provisions of the Act as well as principles of the rule of law, of equality, fairness, justice and equity;
12.1.11 equally and impartially balance the rights of consumers (also called "complainants") and the rights of suppliers;
12.1.12 exercise its functions and duties in terms of these operating procedures;
12.1.13 resolve complaints as efficiently and as speedily as is possible; and
12.1.14 ensure that its staff perform their functions in terms of and according to these operating procedures;
12.1.15 be guided by the following considerations: the Act; the need to resolve disputes expeditiously.