To promote a fair, accessible and sustainable marketplace for consumer products s and for that purpose to establish national norms and standards and service relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to information, to prohibit certain unfair marketing and business practices, to information, to prohibit certain unfair marketing and business practices, to information, to prohibit certain unfair marketing and business practices, 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 establish the National Consumer Commission, to repeal sections 2 to 13 and establish the National Consumer Commission, to repeal sections 2 to 13 and 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 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. to various other Acts; and to provide for related incidental matters.
PREAMBLE
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 the marketplace; and 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; and 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 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