Unit 1
- Concept of consumerism: Protection of consumer within the
economy when you consume something
Consumerism comes from:
- First example is in the Bible (wool and linen cannot be mixed bad
quality)
- Protecting a persons economic interest (code of homerady)
United Nations play an important role:
- We are members
- We adhere to international guidelines
- Established guidelines on consumer protection in 1999 provides for
what we should include in the law to protect consumers
Consumer law Based on contract law
CONSUMER PROTECTION ACT 68 OF 2008
Aim = regulate consumer protection in South Africa
“early effective date”= 24 April 2010
“general effective date” = 31 March 2011
EXTENT OF APPLICATION TO PRE-EXISTING AGREEMENT
The Act does not apply to
- the promotion of any goods or services prior to the general effective
date
- any transaction or agreement entered into
- any goods or services supplied to a consumer
PRIOR TO THE GENERAL EFFECTIVE DATE (31 March
2011)
BUT
- The Act contains a table in Schedule 2 that contains sections and to the
extent indicated that those sections apply to pre-existing agreement IF:
- it would have been subject to the Consumer Protection Act had the
Act been in effect at the time that the agreement was entered into;
, - Parties to it will be bound for a fixed term until a date that is on or
after the second anniversary of the general effective date which is
on 31 March 2013
- Early effective date How to interpret Act and to whom it applies?
2010
- General effective date Whole/Rest of Act came into effect. 2011
PURPOSE OF THE CONSUMER PROTECTION ACT
PURPOSE IS TO: Promote and advance the social and economic
welfare of consumers in South Africa by :
Establishing a legal framework for a consumer market
that is fair
Reducing any disadvantages experienced in accessing
any supply of goods or services by consumers who are
Low income
Live in remote areas
Minors and seniors..
*Improving consumer awareness and information and
encouraging responsible and informed consumer choice
and behaviour
*Providing for an efficient system of consensual
resolution of disputes (dispute resolution)
*Providing for an efficient system of redress for
consumers
FUNDAMENTAL CONSUMER RIGHTS PROTECTED BY THE
ACT
RIGHT TO:
1. equality (products made for specific people)
2. privacy (OPT out)
3. choose
4. disclosure & information
5. fair and responsible marketing
6. fair and honest dealing
- Concept of consumerism: Protection of consumer within the
economy when you consume something
Consumerism comes from:
- First example is in the Bible (wool and linen cannot be mixed bad
quality)
- Protecting a persons economic interest (code of homerady)
United Nations play an important role:
- We are members
- We adhere to international guidelines
- Established guidelines on consumer protection in 1999 provides for
what we should include in the law to protect consumers
Consumer law Based on contract law
CONSUMER PROTECTION ACT 68 OF 2008
Aim = regulate consumer protection in South Africa
“early effective date”= 24 April 2010
“general effective date” = 31 March 2011
EXTENT OF APPLICATION TO PRE-EXISTING AGREEMENT
The Act does not apply to
- the promotion of any goods or services prior to the general effective
date
- any transaction or agreement entered into
- any goods or services supplied to a consumer
PRIOR TO THE GENERAL EFFECTIVE DATE (31 March
2011)
BUT
- The Act contains a table in Schedule 2 that contains sections and to the
extent indicated that those sections apply to pre-existing agreement IF:
- it would have been subject to the Consumer Protection Act had the
Act been in effect at the time that the agreement was entered into;
, - Parties to it will be bound for a fixed term until a date that is on or
after the second anniversary of the general effective date which is
on 31 March 2013
- Early effective date How to interpret Act and to whom it applies?
2010
- General effective date Whole/Rest of Act came into effect. 2011
PURPOSE OF THE CONSUMER PROTECTION ACT
PURPOSE IS TO: Promote and advance the social and economic
welfare of consumers in South Africa by :
Establishing a legal framework for a consumer market
that is fair
Reducing any disadvantages experienced in accessing
any supply of goods or services by consumers who are
Low income
Live in remote areas
Minors and seniors..
*Improving consumer awareness and information and
encouraging responsible and informed consumer choice
and behaviour
*Providing for an efficient system of consensual
resolution of disputes (dispute resolution)
*Providing for an efficient system of redress for
consumers
FUNDAMENTAL CONSUMER RIGHTS PROTECTED BY THE
ACT
RIGHT TO:
1. equality (products made for specific people)
2. privacy (OPT out)
3. choose
4. disclosure & information
5. fair and responsible marketing
6. fair and honest dealing
