Section 5 the following shall be inserted as 3 bis of section 4 of the consumer protection act, b. Submitted in partial fulfilment of the requirements for the degree. The consumer protection act, 2008 came into effect on 31 march 2011. Notice to defer the general effective date of the consumer protection act, 2008 no. The influence of the consumer protection act 68 of 2008 on the. The electronic communications and transactions act. I have tried to summarize it in layman terms but cannot. The act provides that a transaction or agreement or its term or condition is unfair, unreasonable or unjust if it is excessively onesided in favour of any person other than the consumer. With acts you are guaranteed the latest and most up to date resource for your legislative needs. While the act details fundamental consumer rights, there is no equivalent provision for suppliers, be they producers, distributors or retailers.
It is hereby notified that the president has assented to the following act, which is hereby published. Submitted in fulfilment of the requirements for the degree of. 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. The full impact of the cpa is set to be massive but stands to be developed to the full in time. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Chapters 1 and 5, s 120 and any other provision authorising the minister to make regulations and sch 2 in terms of sch 2, item 21. The south african national consumer protection act. Section 11 of the consumer protection act, 68 of 2008. The consumer protection act 68 of 2008 and the sale of immovable property by estate agents. Using the url or doi link below will ensure access to this page indefinitely. Dont be left in the dark when the new consumer protection act comes into full. The implementation of the consumer protection act 68 of 2008 1 has great implications for the south african common law of sale. Act means the consumer protection act, 2008 act no.
Official languages to be used by commission in documents. The reader is advised to consult the act itself or a professional adviser. The consumer protection act 68 of 2008 and the sale of. Please note that most acts are published in english and another south african official language. Consumer protection act and regulations 682008 data dynamics. The cpa has a fundamental influence on the common law warranty against latent defects. It discusses the evolution of fairness as background to a more detailed discussion of the classification of fairness into substantive and procedural. In this contribution the influence of the cpa on the sellers common law duty to warrant the buyer against eviction is investigated. View consumer protection act 68 of 2008 research papers on academia. Department of trade and industry national the government of south africa consumer protection act no 68 of 2008. Consumer protection act no 68 of 2008 western cape.
The concept fairness in the regulation of contracts under. The question is answered with an unequivocal the act says so. I, christopher bowen, pursuant to subsection 65e 1 of the trade practices act 1974 and for the purposes of section 65c of that act, hereby declare that from 1 march 2009 the consumer product safety standard for. The consumer protection act, 1986 68 of 1986 24th 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. 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. The new consumer protection act and the gp anaesthetist. Suggested citation barnard, jacolien, the influence of the consumer protection act 68 of 2008 on the warranty against latent defects, voetstoots clauses and liability for damages november 18, 20. Introduction section 2 part h of the cpa deals with the consumers fundamental right to fair value, good quality and safety.
Consumer protection act no 68 of 2008 western cape government. Chapter 5 deals with the influence of the consumer protection act 68 of 2008 in general, specifically on the law of contract why an act to protect the interests of consumers. The purpose of this act is inter alia to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such goods and services. Feb 23, 2014 the consumer protection act 68 of 2008. It therefore applies to services rendered by attorneys. Magister legum llm prepared under the supervision of. The influence of the consumer protection act 68 of 2008 on the warranty against latent defects, voetstoots clauses and liability for damages. For the reasons set out above, and to give effect to the international law. It establishes national norms and standards to ensure consumer protection, makes provision for improved standards of consumer information, and prohibits certain unfair marketing and business.
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. Protect your reputation and make sure your business complies with the new legislation which comes into effect on 1 april 2011. Consumer protection act 68 of 2008 eaab the estate. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. In this contribution the influence of the cpa on the sellers. To stop the spread of the coronavirus covid19, a national lockdown will take effect. Consumer protection act 68 of 2008 south african government. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The act does not set any time frames for the provision of advisory opinions. Regulation 44 of the consumer protection act 68 of 2008 contains a list of terms which are presumed to be unfair. Its further purpose is to provide redress to customers 3. Consumer protection act speak to us know your consumer rights. Consumer protection act 68 of 2008 eaab the estate agency. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009.
The act sets out the minimum requirements to ensure adequate consumer protection in south africa. Consumer protection act no 68 of 2008 the consumer protection act is effective from the 31st march 2010. Contract means an agreement between a consumer and a businessman for purchasing and selling goods or providing and obtaining services. To protect the widest spectrum of customers from exploitation of any kind. 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. 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. Consumer rights of the elderly as vulnerable consumers in south. It is intended for the use of consumers and is not an exhaustive legal reference manual or a substitute for the act. Click here to access a pdf version of the consumer protection act 356 kb. Consumer protection act 68 of 2008 research papers academia.
It is hereby notified that the president has assented to the following act, which is hereby published for general information. Trade practices act 1974 consumer protection notice no. Rob davies, the minister of trade and industry hereby publish the rules regulating th functioning of the national consumer cornmisslon. Apr 03, 2019 notice to revoke the application of the consumer protection act, 2008 no. The impact of the consumer protection act 68 of 2008 and. The proposed consumer protection regulations, 2010 are hereby.
The concept fairness in the regulation of contracts. The consumer protection act 68 of 2008 south africa a. Pdf the consumer protection act 68 of 2008 and procedural. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. Consumer protection act 68 of 2008 cover publications. Abstract although consumer protection is not a new concept in south african law, the consumer protection act 68 of 2008 cpa now provides. For more information on the consumer protection act no. The purpose of this act is to promote and advance the social and economic welfare of consumers in south africa by. Home documents acts 2008 consumer protection act no 68 of 2008. The consumer protection act 68 of 2008 gallagher estate, 4 to 5 march 2010. Consumer protection bill of 2008 hereafter the cpa bill. The consumer protection act, 2008, no 68 of 2008 was signed into law. Most recently the introduction of the consumer protection act 68 of 2008, which came into full operation at the end of march 2011, appears to have a significant impact on the law of lease in those instances where the act finds application to a lease agreement. Consumer protection act 68 of 2008 adra online, debt.
This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Due to limitations in length of the guide, many parts of the act have not been covered. The consumer protection act 68 of 2008 and procedural fairness in consumer contracts. 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. Consumer protection law conference changing the consumer protection landscape in south africa.
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. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009. Various communiques pertaining to the consumer act available for download. Consumer protection act regulations as published 220kb pdf. However, where the supplier is providing goods or services to a consumer for purposes wholly or mainly unrelated to his or her business in other words for private use these terms will. The influence of the consumer protection act 68 of 2008 on. 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 influence of the consumer protection act 68 of 2008 on the common law obligations of the seller visavis risk and duty to take care, eviction, and defects. However, based on the experience of providing this service in terms of the unfair business practices act and benchmark studies to the competition commission and others we have ascertained that the turnaround time depends on the complexity of the request. Consumer protection act 68 of 2008 posted on september 1, 2009 in governance please note that this opinion does not necessarily express the views of saia, however, it is provided to stimulate debate and should be applied to member companys practices as deemed appropriate.
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