Professional Documents
Culture Documents
Consumer Protection Act 68 of 2008
Consumer Protection Act 68 of 2008
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Presenter
• Presentation by Aubrey Mathope
Deputy Director: Education and Compliance
Office Consumer Protection,
Consumer and Corporate Regulation Division
Department of Trade and Industry
Contacts :
Tel 012 394 1553
Fax 012 394 2553
Email aubreyma@thedti.gov.za
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Introduction
objective:
To provide a broad overview of the Consumer Protection Act and its impact on
businesses and industry.
Role of Compliance:
Presentations/ Workshops
Advisory opinions/ Clarifications
Information/ business contacts and meetings
National Education Campaigns
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The Act
The Consumer Protection Act 68 of 2008 was signed by the President on 29 April 2008.
Purpose:
The purpose of the Act is to:
• legal framework
• promote fair business
•Protection of consumers
• awareness
•Education
• efficient system of redress
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Consumer rights
Consumer rights i.t.o the Act:
• Right to equality
•Right to privacy
•Right to choose
• an individual
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Application of the act
The CPA applies to the following:
• promotion or supply of any goods and services occurring within the republic
• goods or services that are supplied or performed i.t.o. transaction to which this act applies;
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Application cont.
Act not applicable when:
• goods/services promoted or supplied to the state
•Consumer is a juristic person (threshold)
• industry-wide exemption granted to regulatory authority
•Credit agreements i.t.o. NCA but not to the goods or services
•Services under employment contract
• agreements giving effect to collective bargaining agreement
•Agreements giving effect to bargaining agreement i.t.o . sec 213 of LRA
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Definitions
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interpretation
The basic rule is that this act must be interpreted to give effect to the purpose and
spirit as set out in the Act.
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Interpretation cont
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The Act
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Disclosure
PLAIN AND UNDERSTANDABLE LANGUAGE
PRICE
• a retailer is obliged to adequately display price of goods for sale to consumers.
•Expressed in Rands
•Annexed/written/printed/stamped.
What is prohibited?
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Trade Description
•Ingredients
•Country of origin
•Mode of manufacturing/producing
•Patent, privilege/copyright 15
Trade Description
How to apply trade description?
•Must be applied to goods/any covering or label
•Displayed together with goods
•Contained in advertisement ,catalogue, brochure, circular
What is prohibited?
•Misleading trade description
•Altered trade description
NB: a retailer must take reasonable steps to prevent anyone doing the above
(staff)
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GMO’s/ parallel goods
GMO
Any person who produces/supplies/imports/packages any goods with GMO
ingredients must:
•Display on notice
•In accordance with applicable regulations
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Fair marketing
•Nature/properties/advantages/uses
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false representation
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Quality service
• Timely performance
• Completion of service
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Warranty of quality
Should the goods not comply with the quality of service mentioned in the above slide:
• Without penalty
• Repair or replace; or
If the goods were repaired or replaced and the defect continues within 3 months the
supplier must:
• Replace the goods; or
The commission must promote the development, adoption and application of industry wide
codes of practice proving effective systems to:
• Consumer complaints
• Personal injury/illness/damage
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Industry codes
• refers to a code regulating interaction among persons conducting business within industry
or
The commission on its own or from proposal from the industry can recommend the code to
the Minister.
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Services offered by OCP
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