Introduction section 2 part h of the cpa deals with the consumers fundamental right to fair value, good quality and safety. The consumer protection act 68 of 2008 and procedural. What is the consumer protection act 68 of 2008 all about. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Background to the cpa the cpa is the result of a long process of reform and development in the field of consumer protection in south africa. The purpose of the consumer protection act 68 of 2008 is to achieve the following. Notes on the guide to consumer protection act no 68 of 2008. This dissertation considers the possible influence of the consumer protection act 68 of 2008 on the common law obligations of the seller visavis.
The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. I have tried to summarize it in layman terms but cannot. Notice to revoke the application of the consumer protection act, 2008 no. The consumer protection act2 cpa brought about significant changes to the commercial arena. Pdf does the consumer protection act 68 of 2008 provide for.
Consumer rights and quality of goods and services in a calabash introduction the cpa seeks to protect consumers against unscrupulous supplier or vendor behaviour in south africa. Consumer protection act consumer protection act, no 68 of 2008 please visit the contemporary gazette page for access to a legal database. Unpacking the consumer protection act 68 of 2008 l hawthorne ba llb lld professor in the department of private law, university of south africa opsomming publieke beheer. Protect your reputation and make sure your business complies with the new legislation which comes into effect on 1 april 2011. Pdf barnard j the influence of the consumer protection.
In 2008, unctad reported that the constitutions of at. The purpose of this act is to promote and advance the social and economic welfare of. An act further to amend the consumer protection act, 1986. This article gives a brief overview of the influenceimpact of the new consumer protection act 68 of 2008 1 and the regulations on the practising of medicine by the general practitioner gp anaesthetist. Consumer protection act no 68 of 2008 western cape. A critical overview and analysis w jacobs pn stoop r van niekerk 1 introduction the controversial1 consumer protection act2 hereafter the act was signed by the president of the republic of south africa on 29 april 2009 and published in the. The competition act further aims to regulate prohibited practices and merger. The consumer protection act 68 of 2008 and the sale of. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Consumer protection act speak to us know your consumer rights. The consumer protection act 68 of 2008 and the sale of immovable property by estate agents.
Suppliers must extend fixedterm agreements on a monthto month basis, if the consumers failed to request the cancellation. It therefore applies to services rendered by attorneys. The implied six month warranty consumer protection act. Purpose of the consumer protection act legalrights. Assent 26th may, 2006 commencement 1st july, 2006 1. This right includes the consumers right to preemptively block any impersonal approach or communication from direct marketers. The proposed consumer protection regulations, 2010 are hereby.
Consumer protection act no 68 of 2008 the consumer protection act is effective from the 31st march 2010. Does the consumer protection act 68 of 2008 provide for strict product liability. Its further purpose is to provide redress to customers 3. By clicking add to cart, i confirm that i am an education provider. To protect the widest spectrum of customers from exploitation of any kind. Consumer protection act 68 of 2008 south african government. You must be an education provider to purchase this book. Consumer protection act no 68 of 2008 western cape government. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009. Nov 01, 2016 5 aspects of the consumer protection act you should be aware of by matthew kemp nov 1, 2016 nearly 8 years after it was assented to, many consumers and corporates remain illinformed regarding their rights and responsibilities in terms of the consumer protection act 68 of 2008 the cpa. Click here to access a pdf version of the consumer protection act 356 kb.
Consumer protection act, no 68 of 2008 legal legal and. A critical overview and analysis w jacobs pn stoop r van niekerk 1 introduction the controversial1 consumer protection act2 hereafter the act was signed by the president of the republic of south africa on 29 april 2009 and. It is intended for the use of consumers and is not an exhaustive legal reference manual or a substitute for the act. To establish a legal framework for a consumer market that is fair, accessible, efficient, sustainable and responsible. Be it enacted by parliament in the fifty short title and commencement.
Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers, users of particular goods or recipientsbeneficiaries of services. The consumer protection act 68 of 2008 south africa a. Pdf on sep 12, 20, jacolien barnard and others published barnard j the influence of the consumer protection act 68 of 2008 on the common law of sale lld university of pretoria 20. Consumer protection act regulations i, dr rob davies, minister of trade and industry, in terms of and under section 1201 of the consumer protection act, 2008 act no. The consumer protection from unfair trading regulations 2008. The question is answered with an unequivocal the act says so. S 53, 55, 56, schedule 2 clause 32the provisions of the act discussed below only apply to goods supplied to the consumer on or after 1 april 2011. Jun 23, 2009 section 14 consumer protection act 68 of 2008. Dont be left in the dark when the new consumer protection act comes into full. Pdf barnard j the influence of the consumer protection act. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. The purpose of this act is to promote and advance the social and economic welfare of consumers in south africa by. The concept fairness in the regulation of contracts. The interface between competition and consumer policies 2008. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
The consumer protection guide for lawyers bregman moodley. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. Consumer protection act and regulations 682008 data dynamics. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Consumer protection act 68 of 2008 eaab the estate. The south african consumer protection act, no 68 of 2008 was signed on 24 april 2009 and the purpose of the act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised. The consumer protection act, 2008 came into effect on 31 march 2011. The consumer protection act 68 of 2008, the cpa, was signed on 24 april 2009 and has since been promulgated in the government gazette.
The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009 and came into effect on 31 march 2011. The influence of the consumer protection act 68 of 2008 on the. It discusses the evolution of fairness as background to a more detailed discussion of the classification of fairness into substantive and procedural. Department of trade and industry national the government of south africa consumer protection act no 68 of 2008. The new consumer protection act and the gp anaesthetist. The concept fairness in the regulation of contracts under. Commentary on the consumer protection act online isbn 24127698. Submitted in partial fulfilment of the requirements for the degree. December, 1986 an act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith.
Please note that most acts are published in english and another south african official language. It is hereby notified that the president has assented to the following act, which is hereby published for general information. This section is quite important to all areas of the retail sector. The consumer protection amendment act, 2002 third year of the republic of india as follows. It provides eight core fundamental consumer rights to consumers and also has a significant impact on the manner in which parties do business. The influence of the consumer protection act 68 of 2008 on. The minister of trade and industry has given notice on 14 march 2011 in the government gazette that the consumer protection act application to municipalities, other than high capacity municipalities, will be deferred until further notice.
The thesis analyses the concept fairness in consumer contracts regulated by the consumer protection act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. Guidelines 6668, points to the high level principles. It is intended for the use of consumers and is not an exhaustive. The full impact of the cpa is set to be massive but stands to be developed to the full in time. Consumer protection act regulations daymonthyear i, dr rob davies, minister of trade and industry, in terms of and under section 1201a and eii of the consumer protection act, 2008 act no. Applicable sections of the consumer protection act, 68 of 2008. These regulations implement directive 200529ec of the european parliament and of the council concerning unfair businesstoconsumer commercial practices oj no l 149, 11.
Consumer protection act and regulations 682008 portal. Categories of goods that are required to have a trade description applied to them in terms of the consumer protection act, 2008. Set out below are answers to questions that you should be asking yourself in light of the provisions of the consumer protection act no. The south african consumer protection act, no 68 of 2008 was signed on 24 april 2009 and the purpose of the act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation. Before one can have a look at the influence of new legislation on the common law, it. Department of trade and industry article featured in estate agency affairs board agent magazine. Consumer protection act 68 of 2008 eaab the estate agency.
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