Consumer Protection Act

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Introduction:

                   

The Consumer Protection Act (referred to hereafter as the CPA or “the Act”) intends to regulate the marketing of goods and services to consumers, as well as the relationships, transactions and agreements between the consumers and the producers, suppliers, distributors, importers, retailers, service providers and intermediaries of those goods and services. The purpose of the Act is to ‘promote and advance the social and economic welfare of consumers in South Africa’. Most entities,

                  

supplying goods and services in South Africa, as well as the transactions they enter into with consumers will be governed by the Act. The preamble to the Act identifies the need to ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace. It therefore intends;

  • To improve access to, as well as the quality of, information that is necessary for consumers to make informed choices,
  • To protect consumers from health and safety hazards,
  • To promote consumer education,
  • To establish a legal framework for the achievement of a consumer market that is fair, accessible, efficient, sustainable and responsible,
  • To promote fair business practices,
  • To protect consumers from unfair, unreasonable and/or improper trade practices
  • To protect consumers from misleading, deceptive, unfair or fraudulent conduct and/or actions, and
  • To provide for systems of dispute resolution and enforcement.

 

The enactment of the CPA is a clear indication that the legislature has taken note of international trends in the consumer protection field, and that it endeavours to bring our law in line with international consumer law and practice. It is further a governmental recognition of the limitations of legal systems. The Act also introduces dedicated administrative institutions and legal procedures, like specialized courts and tribunals, to protect both individual and class rights, and to supplement traditional legal institutions.

                       

While South Africa has previously had consumer protection laws, the CPA is much wider in scope and application. The Act seeks to consolidate consumer law in South Africa. It has repealed in part or as a whole a number of pre-existing Acts, including the following legislation:

  • The Business Names Act
  • Price Control Act
  • Consumer Affairs (Unfair Business Practices) Act
  • The Merchandise Marks Act (In part)
  • The Sale and Service Matters Act
  • The Trade Practices Act

Various other laws in this realm remain, like The National Credit Act 34 of 2005, The Long Term Insurance Act 52 of 1998, The Short Term Insurance Act 53 of 1998 and the Financial Advisory and Intermediary Services Act 37 of 2002.

                

The objectives of this course are the following:

  • To understand the Act
  • To know your obligations
  • To understand how to protect your business

              

This manual must not be seen as a substitute for legal advice. The Act contains a number of obscurities and is still untried and tested. No legal precedent, case law or actual interpretations are currently available. We also don’t know whether it will only be implemented in part on 1 April 2011, or whether the whole act will come into force at once. The firm intention of the legislator is however quite clear, and this course will endeavour to inform and prepare you for what is about to come.

                   

The Act is written in fairly understandable language. Of particular importance are the definitions as they contain a number of keys essential for understanding the scope and application of the Act. This course will include the Act, and will follow its classification and outline. Some self-explanatory sections will merely be quoted, while other more contentious sections will be explained in more detail. The course will also try and explain these sections, their possible effect, their context, and possible ways how to protect your businesses.

Courses and Workshops

Our Clients

 

Basic Labour Relations

28 March 2018

Emperors Palace: Convention Centre

POPI: Protection of Personal Information Act

29 March 2018 (Fully Booked)

Emperors Palace: Convention Centre

13 April 2018

Emperors Palace: Convention Centre

11 May 2018

Protea Hotel By Marriott Tyger Valley: Cape Town

The OHS Act and the Responsibilities of Management

04 April 2018

Southern Sun Hotel: OR Tambo International Airport

06 April 2018: Southern Sun

Elangeni & Maharani, Maharani Towers: Durban

Occupational injuries and diseases in the workplace

05 April 2018: Southern Sun

Elangeni & Maharani, Maharani Towers: Durban

12 April 2018

Southern Sun Hotel : OR Tambo International Airport

Employment Equity Committee Training

06 April 2018 (Fully Booked)

Emperors Palace: Convention Centre

18 April 2018

Southern Sun: Elangeni & Maharani, Elangeni Towers: Durban

11 May 2018

Emperors Palace: Convention Centre

18 May 2018

Protea Hotel By Marriott Tyger Valley: Cape Town

Skills Development Legislation and Review

11 April 2018

Southern Sun Hotel: OR Tambo International Airport

13 April 2018

Protea Hotel By Marriott Tyger Valley: Cape Town

19 April 2018

Southern Sun: Elangeni & Maharani, Maharani Towers: Durban

Managing Day to Day Issues/ Problem Employees Full day workshop

19 April 2018

Emperors Palace: Convention Centre

10 May 2018

Protea Hotel By Marriott Tyger Valley: Cape Town