Consumer credit in south africa south african reserve bank. This statistic shows the number of facebook users in south africa from 2017 to 2023. Just below 50% of south africas credit active consumers are struggling with debt, and according to statistics released by the national credit regulator ncr, the number of consumers with. I have a question regarding the south african consumer protection act and what my rights are in my current situation. In 2011, the consumer protection act cpa came into effect and the south african consumer saw the dawn of a new era. The landlord is considered the supplier and the tenant is deemed to be the consumer. Up until four years ago, the consumers of south africa were basically left unprotected and vulnerable to exploitation by suppliers of goods and services. The purpose of the cpa is to promote and protect the rights of south african consumers and this protection could, potentially, extend to offshore transactions involving south african consumers. Provided that where a complaint has been admitted by the district forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force. Chapter 1 interpretation, purpose and application of act part a interpretation 1. To understand the status and appetite of the local market for digital shortterm insurance services and solutions, accenture conducted a survey of 1,500 insurance customers across south africa. Protection of human rights in south africa, the ebook isbn 9781485107361. Section 14 moreover obligates the supplier between 40 and 80 days before the end of the agreement to notify the consumer of the.
This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular sector will need to be read with this act to ensure a common standard of protection. Many consumers do not understand the cpa, its purpose. The five instances where a consumer may return goods to the supplier are. Consumer protection act, no 68 of 2008 legal legal and. There were nearly 900,000 students in sas public universities in 2016 an 82% increase in student numbers since the advent of. To celebrate human rights day on 21 march, here is a look at five of south africas ngos working for human rights in the country and beyond, organisations dedicated to the promotion of human dignity, equality and freedom. In 2023, the number of facebook users in south africa is expected to reach 19. Republic of south africa, 1996 the constitution, in the application of company law. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Consumer protection act further outlines these key consumer rights, of which all south african.
The supplier in this case is entitled to impose a reasonable cancellation penalty. E it therefore enacted by the parliament of the republic of south africa. I recently ordered, from a south african onlineshopping site, a sony ps3 advertised on their site at a remarkably discounted rate. But did you know that the consumer protection act cpa also applies to lease agreements. On 31 march 2011, the consumer protection act 68 of 2008 cpa came into effect in south africa.
According to its preamble, the cpa has been enacted for the purpose of, inter alia, promoting and protecting consumers economic interests, protecting consumers from hazards to their wellbeing and safety and developing effective means of redress for. The bill of rights contains the rights of all the people in south africa consumer rights law, consumer rights laws, laws, law firm, lawyers. Consumers rights with respect to delivery of goods or supply of service 20. For years on end, credit agreements would largely favour credit providers and consumers often got the short end of the stick, without much protection when agreements werent fulfilled. The article discusses ten cases of consumer disputes. The consumer protection act and crossborder transactions. Legislative prescripts relating to consumer protection constitution of the republic of south africa provincial legislation consumer protection act.
It also provides for the establishment of the national credit regulator ncr, which monitors activities in the credit market and ensures that credit providers, for example, banks, microlenders or companies selling goods on credit, comply with the nca. Consumer protection has thus emerged as critical issue in south africa. This decision to effectuate such purchase or hire such service is essentially based on trust, failing which can cause, more often than not to the consumers. This gives recognition to the constitutional imperative to bring company law within the south african constitutional law framework. The introduction of the consumer protection act cpa 68 of 2008 has brought significant changes to business practice in south africa. This legislation not only ensures the protection of consumers but also solidifies the responsibility of businesses to abide by certain guidelines. The survey tested customer sentiments and perceptions, their.
South africaconsumer rights law lawyers, attorney, solicitor, injury. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. Consumer rights how and where to file complaints south africa. In addition most deeds of sale contain breach clauses that stipulate that in the event of a contractual breach by the purchaser that is not rectified within a certain number of days, the seller can cancel that agreement and retain all amounts paid on account of the purchase price. Understanding the new companies act pwc south africa. Every transaction occurring within the republic of south africa. Dissertation presented for the degree of doctor of laws in. Consumer protection is not a new concept in south africa and various acts of parliament have been. This article discusses the definition and the rights of the consumer when returning goods to the supplier as imposed by sections 55 and 56 of. The bill of rights enshrines the rights of all south africans including consumer rights.
We have highlighted some portions of a letter from mihe gaomab ii, secretary and chief executive of the namibian competition commission, which. Your rights as a credit consumer in south africa legal. The nca came into effect on 1 june 2007 and it sets out what the law is when consumers take loans or buy goods on credit. Purchase or hire of good and services has become an inevitable part of our daily lives. As such, it is intended to provide the reader or hisher entity with general information of interest. The consumer protection act and your lease agreement. The consumer protection act, 2008, will come into effect on 31 march 2011. Pdf despite the increasing number of countries that have enshrined consumer rights as fundamental human rights in their constitutions. Question regarding the south african consumer protection act.
Consumer rights are a part of our countries law that all should be familiar with. What is the south african approach to consumer protection. This paper addresses the lack of knowledge about awareness of consumer protection in south africa, especially amongst. My order went through successfully and i paid the full amount. This article argues that by including the promotion of compliance with the bill of rights as provided for in the constitution in. Consumer protection act south africa national debt. South africaconsumer rights how and where to file complaints lawyers, attorney, solicitor, injury. Whether knowing the act or the individual rights, this is information that can help you ensure the best possible service, as well as forces accountability throughout industries. Challenges and opportunities for furniture retailers in cape town. Section 14 notably for landlords entitles a consumer to cancel an agreement by giving the supplier 20 business days notice.
Fawzia khan december is traditionally the time of the year when we as consumers, splurge on often high value purchases, either on our loved ones or ourselves. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. General preservation of regulations, rights, duties, notices and other instruments national credit regulator provincial regulatory capacity continued enforcement of repealed laws regulations be it enacted by the parliament of the republic of south africa, as follows. Lawyers network provides online legal help south africa. The consumer protection act of south africa, which came into effect in 2011, has been highly instrumental in achieving higher levels of consumer protection. Sellers rights under the consumer protection act private property south africa private property reporter aug 17, 2015.
A rightsbased comprehensive approach to consumer protection in southern africa is said to have been lacking, especially in namibia and south africa due to the abovementioned ideas by the. Republic of south africa consumer protection act iriphabhuliki yaseningizimu afrika umthetho wokuvikelwa kwabathengi no 68, 2008. Consumer protection act 68 of 2008 south african government. One quite often comes across nonrefundable deposits in offers to purchase properties. The government communication and information system maintains an online database of contact information for government structures and bodies, including national provincial and local departments, stateowned entities as well as foreign representatives in south africa, media organisations, and a selection of other institutions such as chapter 9 institutions established. The right to return goods applicable sections of the consumer protection act, 68 of 2008. Right to equality in the consumer market and protection against discriminatory marketing.