B are of good quality, in good working order and free of any defects. It therefore applies to services rendered by attorneys. Not all consumers in south africa are able and free to protect their. Inserted by the consumer protection amendment act, 1993, w.
Commencement date 24 april 2010 of chapters 1 and 5, section. View consumer protection act 68 of 2008 research papers on academia. Due to the fact there is still no case law and therefore no clarity on section 14 of the consumer protection act, 68 of 2008 the act there are varying interpretations and understandings of the provision relating to the expiry and renewal of fixedterm agreements. Consumer protection act regulations as published 220kb pdf. Consumer protection act, no 68 of 2008 legal legal and. Fundamental consumer rights under the consumer protection act 68 of 2008. The south african consumer protection act, no 68 of 2008 was signed on 24 april 2009 and the purpose of the act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or.
Impact of the consumer protection act in the health care context. Protect your reputation and make sure your business complies with the new legislation which comes into effect on 1 april 2011. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. A fixed understanding of section 14 of the consumer. Not all consumers in south africa are able and free to. Introduction the act has been voted in on the 23rd of september 2008 and was signed by the president 29 april 2009. Consumer protection act updated to march 2015 act 68 of 2008 gon 526, g. The consumer protection act 68 of 2008 and procedural fairness in consumer contracts. Consumer protection act 68 of 2008 the consumer protection measures act sets out the minimum requirements to ensure adequate consumer protection.
Section 5 of the consumer protection act 68 of 2008 cpa. Its further purpose is to provide redress to customers 3. Consumer protection act 68 of 2008 taylor attorneys. Pdf the influence of the consumer protection act 68 of. Introduction in terms of the provisions of the consumer protection act 68 of 2008 cpa all patients are considered as consumers from a legal perspective this means that patients also enjoy the rights of the consumer health care practitioners may find themselves as suppliers or retailers as part of a supply chain. The act focuses on consumer protection by aiming to promote a fair, accessible. The consumer protection act 68 of 2008, which was signed by the president of the republic of south africa on 29 april 2009 and published in the government gazette on 29 april 2009, now provides an extensive framework for. As best medical interests for dr f to comply with the timeconsuming and onerous obligations that the provisions of the consumer protection act 68 of 2008 the act impose on dr f and the hospital before patient a is treated appropriately. Consumer protection act 68 of 2008 cover publications. Consumer protection act 68 of 2008 south african government. Impact of the consumer protection act in the health care. This topic is highly relevant in light of the newly enacted consumer protection act 68 of. It is hereby notified that the president has assented to the following act, which is hereby published for general information.
Department of trade and industry national the government of south africa consumer protection act no 68 of 2008. Department of trade and industry article featured in estate agency affairs board agent magazine. Consumer protection act no 68 of 2008 western cape. The act promotes a fair, accessible and sustainable marketplace for consumer products and services for that purpose to establish national norms and standards relating to consumer protection, to provide for improved. Submitted in partial fulfilment of the requirements for the degree. 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. Consumer protection act act 68 of 2008 policy file. Woker states that until recently, it was incorrect to use the 1 section 1a of the constitution. Please note that most acts are published in english and another south african official language. Section 1 is the definition section of the consumer protection act no 68 of 2008. This article attempts to clear up any ambiguities and provide a concise explanation of this somewhat unclear provision. Chapters 1 and 5, s 120 and any other provision authorising the minister to make. The influence of the consumer protection act 68 of 2008 on. The consumer protection act 68 of 2008 south africa a.
The consumer protection act your guide to consumer rights. It is intended for the use of consumers and is not an exhaustive legal reference manual or a substitute for the act. I, dr rob davies, minister of trade and industry, in terms of and under section 1201 of the. Promote a fair, accessible and sustainable marketplace for consumer products and services establish national.
The consumer protection act 68 of 2008 cpa came into force on 1 april 2011. Consumer protection act 68 of 2008 eaab the estate. This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. 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. Various communiques pertaining to the consumer act available for download. In this contribution the influence of the cpa on the sellers common law duty to warrant the buyer against eviction is investigated. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Dont be left in the dark when the new consumer protection act comes into full. 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. South africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumersupplier interaction. The primary objective of the consumer protection act is to establish consumer rights and provide free, effective and efficient enforcement of those rights through the establishment of the national consumer commission ncc, the national consumer tribunal nct, accredited industry ombud schemes such as the motor industry ombud and the. Click here to access a pdf version of the consumer protection act 356 kb. Consumer protection act 68 of 2008 research papers. A consumer means a person to whom those particular goods or services are marketed in the ordinary course of the. 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 consumer protection act, 2008, no 68 of 2008 was signed into law. The president of south africa signed the consumer protection act on 24 april 2009 and it was published in the government gazette on 29 april 2009 and will operate from 31 march 2011. 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. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009.
Fundamental consumer rights under the consumer protection. Consumer protection act no 68 of 2008 policy wetpaint. Pdf the consumer protection act 68 of 2008 and procedural. The implementation of the consumer protection act 68 of 2008 cpa has great implications for the south african common law of sale. The full impact of the cpa is set to be massive but stands to be developed to the full in time. Consumer protection act no 68 of 2008 the consumer protection act is effective from the 31st march 2010. To protect the widest spectrum of customers from exploitation of any kind. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The purpose of this act is to promote and advance the social and economic welfare of consumers in south africa by. Pdf in general, the concept contractual fairness can be narrowed down. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Consumer protection act act 68 of 2008 the national. It will suffice for our purposes here to simply quote from part of the full definition.1449 1486 650 343 1183 1049 850 1279 337 464 144 756 163 827 557 1335 1306 721 437 1287 410 194 933 903 79 1200 795 271 168 475 458 684 381 950 1078 1258 296 214 398 1138 935 665 693 229 333 864 892