Consumer Protection Law Policy.

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FACULTY OF HUMANITIES, SOCIAL SCIENCES AND LAW

DEPARTMENT OF SOCIAL SCIENCES

NAME MPENDULO

SURNAME MAPHUMULO

LECTURER DR.

MODULE CONSUMER PROTECTION LAW

TASK POLICY INCORPORATION


THE RIGHT TO INFORMATION IN AN OFFICIAL LANGUAGE
“LET US BRIDGE THE GAP”

BACKROUND:
The National Credit Act 34, 2005, relying specifically on chapter 4 of the Act, set out
the consumer credit policy and subsequently, the rights of consumers. These rights
solemnly aid in the advocacy of consumer protection and to assure a healthy
regulation of the consumer and producer relationship in the market. The right to
information in an official language amongst others upholds the promotion of an
equitable and non-discriminatory marketplace. The section 63 right envisions an
improved standard of consumer information. To eliminate the historical complexity
nature of credit contracts inviting vulnerability especially to those who had some
degree of illiteracy. This often-made way for possibility of consumer exploitation in
the market.
With foundation and succinct exercise of a policy asserting the right to information in
an official language will undoubtedly right the exploitation and subsequently bridge
the language barrier.
INTENT:
We are committed to uphold and advocate for the protection of the fundamental
rights of our consumers. This policy is intending to promote the acknowledgement of
provisions set by the National Credit Act, which is in close association with the
Consumer Protection Act, 2008, in ensuring a healthy and fluid regulation of the
market. As mentioned herein, amongst other rights upheld by the company is the
right to information in an official language. This policy will guarantee the milestone
effort at giving the right the recognition, so long overdue. Our customers are from
all parts of this world and of differing ages. Through this policy we will ensure that
communication is improved to accommodate the wide variety of consumers. Our
consumers are expected to comprehend and practice these provisions with utmost
good faith.
AIM:
 This policy aims to improve the already existing consumer-producer influence
on the market through bridging the language barrier between producer
communications and the understanding of such information communicated.
 Express the consumers right to receive any document required in terms of the
Act in an official language that the recipient can read and understand.
 Make known the obligation resting on the producer of a document in terms of
having it delivered.
 Promote the opportunity granted to consumers to choose from two official
one that document should be communicated in.
 Make consumers aware of the roles of the various structures (National credit
regulator, Tribunal, and Minister) in the enforcement of the right.
 Lastly, to educate the public on the official languages of the Republic of South
Africa, to eliminate any chance of confusion in practice of the right.
SCOPE:
This policy is applicable to all documents requested for delivery by any producer in
terms of the NCA. It is also binding on the National credit regulator, the Tribunal,
and the Minister in terms of the Act in the facilitation of the delivery of a document
in an official language chosen by the consumer. This includes any approvals and
disapproval of documents. Furthermore, the remedies in terms of re-submission of
proposal for approval of document. The policy and its respective provision bind the
company to facilitate document delivery upon request in close compliance with the
Act.
POLICY:
We uphold and prioritize customer satisfaction. This undoubtedly reflects our vision
for effective service delivery and prompt attendance at customer enquiries or
complaints. Such communication shall be documented in an official language chosen
by the consumer in terms of the Act. Delivery shall be driven by the core principles
we advocate. That being, transparency, accountability, and improvement. The policy
is there to assert our goal to:
 Assure that all terms are communicated in a language best understood by the
consumer, and
 Consumers are aware of the role of the Act in ensuring adequate to maximum
exercise of this founding right in the sense that presence of
miscommunication dissolves any agreement between producer and consumer.
ROLES AND RESPONSIBILITIES:
The consumer has the right to receive information in an official language. The
producer has a role and responsibility in terms of the NCA, upon request, to deliver
considering preferences of the public population. Ordinarily, the producer is the
person required to deliver that document.
 In terms of the Act, a producer of a document who is also a delegate makes a
submission to the National credit regulator proposing to make the document
available in at least two official languages. The National credit regulator has
the role to approve or disapprove. Consumers must be aware of the
provisions of the Act. The National credit regulator considers the submission
according to practicality and usage amongst numerous circumstances. The
producer of the document must ascertain that the submission is for the
maximum practicable enjoyment of the rights set out in subsection 1 of the
Act, herein the right to information in an official language.
 The Tribunal in terms of the Act is responsible for review of decision upon
request.
 The minister may prescribe at least two official languages to be used by the
National credit regulator.
Furthermore, it is pivotal that consumers know the official languages of the country
which the minister so chooses and prescribes from.
STANDARDS OF SERVICE IN COMUNICATION:
Telephone calls are encouraged for any enquiry or complaint customers might see
the necessity to raise. The consumer is given a choice to choose a language to be
addressed in. this is an attempt at widening the scope of the NCA, without
disregarding the right to information in an official language dully expressed by the
policy. We aspire that such a service improves the understanding of the subjects to
the policy.
SUPORTING LEGISLATION:
 National credit Act 34, 2005.
 Consumer Protection Act 68, 2008.

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