UNIT 7
CONSUMER PROTECTION INSTITUTIONS AND ENFORCEMENT
- The Consumer Protection Act stablished the National Consumer Commission (NCC)
- The National Credit Act established the National Consumer Tribunal (NCT)
- To improve rights of vulnerable consumers and to establish an accessible system of
redress
- Consumers may approach institutions and persons to seek redress:
a) Alternative dispute resolution
b) Ombuds
c) Consumer courts
d) Equality courts
e) Civil courts as last resort
COMPLAINT FORM **FOR LODGING A COMPLAINT TO NCC
1. Complaint
2. Analysis (Jurisdiction of NCC, Should NCC hear this case or an ombud?)
3. Referrals & Non-referrals
** MUST BE ABLE TO COMPLETE THIS FORM**
ENFORCEMENT OF RIGHTS BY CONSUMER
In terms of Section 4 (1) any of the following persons may approach a court, the tribunal or
commission regarding infringement of a consumer right or prohibited conduct:
o A person acting on his or her own behalf
o An authorized person acting on behalf of another person who cannot act in their
own name
o A person acting as a member of or in the interest of a group of affected persons
o A person acting in the public interest
o An association acting in the interests of its members
, In terms of section 69 any person in section 4 (1) may enforce a right or resolve a dispute
with a supplier by:
1. Directly referring the matter to the Tribunal
2. Referring the matter to the applicable ombud with jurisdiction
3. Referring the matter to the applicable accredited industry ombud or a consumer
court with jurisdiction or an alternative dispute resolution by filing a complaint with
the NCC
4. Approaching a court with jurisdiction over the matter, if ALL other remedies have
been exhausted
NATIONAL CONSUMER COMMISSION
DUTIES AND OBLIGATIONS:
1. Promoting informal dispute resolution
2. Receiving complaints concerning alleged prohibited conduct or offences and dealing
with those complaints
3. Monitoring the consumer market to ensure prohibited conduct and offences are
prevented
4. Investigating and evaluating alleged prohibited conduct and offences
5. Issuing and enforcing compliance notices
6. Referring matters to the Tribunal and appearing before the Tribunal
7. Referring alleged offences in terms of the Act to the National Prosecuting Authority
ON RECEIPT OF A COMPLAINT THE COMMISION MAY:
1. Issue a notice of non-referral to the complainant
2. Refer the complaint to an alternative dispute resolution agent, provincial consumer
protection authority or a consumer court
3. Refer the complaint to another regulatory authority with jurisdiction over the matter
for investigation
4. Direct an inspector to investigate the complaint as quickly as practicable
CONSUMER PROTECTION INSTITUTIONS AND ENFORCEMENT
- The Consumer Protection Act stablished the National Consumer Commission (NCC)
- The National Credit Act established the National Consumer Tribunal (NCT)
- To improve rights of vulnerable consumers and to establish an accessible system of
redress
- Consumers may approach institutions and persons to seek redress:
a) Alternative dispute resolution
b) Ombuds
c) Consumer courts
d) Equality courts
e) Civil courts as last resort
COMPLAINT FORM **FOR LODGING A COMPLAINT TO NCC
1. Complaint
2. Analysis (Jurisdiction of NCC, Should NCC hear this case or an ombud?)
3. Referrals & Non-referrals
** MUST BE ABLE TO COMPLETE THIS FORM**
ENFORCEMENT OF RIGHTS BY CONSUMER
In terms of Section 4 (1) any of the following persons may approach a court, the tribunal or
commission regarding infringement of a consumer right or prohibited conduct:
o A person acting on his or her own behalf
o An authorized person acting on behalf of another person who cannot act in their
own name
o A person acting as a member of or in the interest of a group of affected persons
o A person acting in the public interest
o An association acting in the interests of its members
, In terms of section 69 any person in section 4 (1) may enforce a right or resolve a dispute
with a supplier by:
1. Directly referring the matter to the Tribunal
2. Referring the matter to the applicable ombud with jurisdiction
3. Referring the matter to the applicable accredited industry ombud or a consumer
court with jurisdiction or an alternative dispute resolution by filing a complaint with
the NCC
4. Approaching a court with jurisdiction over the matter, if ALL other remedies have
been exhausted
NATIONAL CONSUMER COMMISSION
DUTIES AND OBLIGATIONS:
1. Promoting informal dispute resolution
2. Receiving complaints concerning alleged prohibited conduct or offences and dealing
with those complaints
3. Monitoring the consumer market to ensure prohibited conduct and offences are
prevented
4. Investigating and evaluating alleged prohibited conduct and offences
5. Issuing and enforcing compliance notices
6. Referring matters to the Tribunal and appearing before the Tribunal
7. Referring alleged offences in terms of the Act to the National Prosecuting Authority
ON RECEIPT OF A COMPLAINT THE COMMISION MAY:
1. Issue a notice of non-referral to the complainant
2. Refer the complaint to an alternative dispute resolution agent, provincial consumer
protection authority or a consumer court
3. Refer the complaint to another regulatory authority with jurisdiction over the matter
for investigation
4. Direct an inspector to investigate the complaint as quickly as practicable
