To promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards

relating to consumer protection, to provide for improved standards of consumer

Information, to prohibit certain unfair marketing and business practices, too promote responsible consumer behaviour, to promote a consistent legislative and

enforcement framework relating to consumer transactions and agreements, to establish the National Consumer Commission, to repeal sections 2 to 13 and

sections 16 to 17 of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), the Business Names Act, 1960 (Act No. 27 of 1960), the Price Control Act, 1964 (Act No.

25 of 1964), the Sales and Service Matters Act, 1964 (Act No. 25 of 1964), the Trade Practices Act, 1976 (Act No. 76 of 1976), the Consumer Affairs (Unfair Business

Practices) Act, 1988 (Act No. 71 of 1988), and to make consequential amendments to various other Acts; and to provide for related incidental matters.


The people of South Africa recognise— That apartheid and discriminatory laws of the past have burdened the nation with

unacceptably high levels of poverty, illiteracy and other forms of social and

economic inequality;

That it is necessary to develop and employ innovative means to—

(a) fulfil the rights of historically disadvantaged persons and to promote their full

participation as consumers;

(b) 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

(c) to give effect to internationally recognised customer rights;

That recent and emerging technological changes, trading methods, patterns and

agreements have brought, and will continue to bring, new benefits, opportunities

and challenges to the market for consumer goods and services within South Africa;


That it is desirable to promote an economic environment that supports and

strengthens a culture of consumer rights and responsibilities, business innovation

and enhanced performance.

For the reasons set out above, and to give effect to the international law obligations

of the Republic, a law is to be enacted in order to—

● promote and protect the economic interests of consumers;

● improve access to, and the quality of, information that is necessary so that

consumers are able to make informed choices according to their individual

wishes and needs;

● protect consumers from hazards to their well-being and safety;

● develop effective means of redress for consumers;

● promote and provide for consumer education, including education concerning

the social and economic effects of consumer choices;

● facilitate the freedom of consumers to associate and form groups to advocate

and promote their common interests; and

● promote consumer participation in decision-making processes concerning the

marketplace and the interests of consumers.

According to the Consumer Protection Act 68 of 2008 :

Right of equality in consumer market

8. Protection against discriminatory marketing

9. Reasonable grounds for differential treatment in specific circumstances

10. Equality court jurisdiction over this Part

Part A

Consumer’s right to privacy

11. Right to restrict unwanted direct marketing

12. Regulation of time for contacting consumers

Part B

Consumer’s right to choose

13. Consumer’s right to select suppliers

14. Expiry and renewal of fixed-term agreements

15. Pre-authorisation of repair or maintenance service

16. Consumer’s right to cooling-off period after direct marketing

17. Consumer’s right to cancel advance reservation, booking or order

18. Consumer’s right to choose or examine goods

19. Consumer’s rights with respect to delivery of goods or supply of service

20. Consumer’s right to return goods

21. Unsolicited goods or services

Part C

Right to disclosure and information

22. Right to information in plain and understandable language

23. Disclosure of price of goods or services

24. Product labelling and trade descriptions

25. Disclosure of reconditioned or grey market goods

26. Sales records

27. Disclosure by intermediaries

28. Identification of deliverers, installers and others

Part D

Right to fair and responsible marketing

29. General standards for marketing of goods or services

30. Bait marketing

31. Negative option marketing

32. Direct marketing to consumers

33. Catalogue marketing

34. Trade coupons and similar promotions

35. Customer loyalty programmes

36. Promotional competitions

37. Alternative work schemes

38. Referral selling

39. Agreements with persons lacking legal capacity

Part E

Right to fair and honest dealing

40. Unconscionable conduct

41. False, misleading or deceptive representations

42. Fraudulent schemes and offers

43. Pyramid and related schemes

44. Consumer’s right to assume supplier is entitled to sell goods

45. Auctions

46. Changes, deferrals, and waivers and substitution of goods

47. Over-selling and over-booking

Part F

Right to fair, just and reasonable terms and conditions

48. Unfair, unreasonable or unjust contract terms

49. Notice required for certain terms and conditions

50. Written consumer agreements

51. Prohibited transactions, agreements, terms or conditions

52. Powers of court to ensure fair and just conduct, terms and conditions

Part G

Right to fair value, good quality and safety

53. Definitions applicable to this Part

54. Consumer’s rights to demand quality service

55. Consumer’s rights to safe, good quality goods

56. Implied warranty of quality

57. Warranty on repaired goods

58. Warning concerning fact and nature of risks

59. Recovery and safe disposal of designated products or components

60. Safety monitoring and recall

61. Liability for damage caused by goods