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


Consumer Protection Act Regulations

19. Mandatory advertising of auctions


1) Subject to regulations 33, no goods may under any circumstance whatsoever be sold by auction unless the inclusion of such a particular item or lot or service in that auction has been advertised in compliance with these regulations in such a manner that the general public has had a reasonable opportunity to become aware of the auction, the goods on offer and of the rules governing the auction.


2) The onus to prove that an auction was advertised as contemplated in subregulation (1) rests on the auctioneer.


3) An auctioneer must for purposes of subregulation (1) advertise the auction of a particular item or lot at least 24 hours prior to the commencement of the auction, but –
a) any goods may be withdrawn at any time prior to the commencement of the auction;
b) in the event of an auction where goods offered for sale include immovable property, this period must exceed five business days.


4) If an auction or part thereof relates to goods sold in execution or by order of court, the advertisement must clearly state that fact.