The Funeral Industry Reformed Association (Fira) has in recent years been vocal about the need for an ombudsmen in the industry.

“The lack of regulation leads to exploitation of consumers,” said Fira executive chairperson Johan Rousseau.

A draft document released in August 2016 proposed an industry code of conduct and ombudsman scheme for the funeral industry. The draft document was compiled by Fira and was tabled before the National Consumer Commission (NCC).

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The proposal was rejected, leaving the industry without a code of conduct.

“There isn’t an ombudsman nor regulator of funeral parlours and as a result, funeral homes are neglected,” he said.

The NCC’s acting commissioner, Thezi Mabuza, commented that the NCC received the proposal and followed the process outlined in section 82 of the Consumer Protection Act (CPA).

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“The NCC met with representatives of various funeral associations and individual funeral service providers. Those present raised concerns that Fira doesn’t represent them. A scheme must be voluntarily established by persons conducting business within an industry. In the case of Fira, all other funeral associations and individual service providers, apart from members of Fira, were not willing to join Fira and did not recognise Fira’s authority.

“The proposed ombudsman scheme was rejected by role players in the industry and not the NCC,” said Mabuza.

“The absence of an ombud does not prevent the NCC from dealing with consumer complaints as and when they are lodged. The NCC deals with all complaints lodged by any consumer against any supplier,” she said.

She said consumers can lodge a complaint with the NCC where the service provided by a funeral home does do not meet the standard in section 54 of the CPA by sending it to complaints@thencc.org.za or PO Box 36628, Menlo Park, 0102; or hand deliver it to 1 Dr Lategan Road, Block C, SABS Campus, Groenkloof, Pretoria.

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Section 54 of the CPA provides as follows:
When a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to:
• The timely performance and completion of those services, and timely notice of any unavoidable delay in the performance of the services.
• The performance of the services in a manner and quality that persons are generally entitled to expect.
• The use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services; and
• The return of any property or control over any property of the consumer in at least as good a condition as it was when the consumer made it available to the supplier for the purpose of performing such services, having regard to the circumstances of the supply, and any specific criteria or conditions agreed between the supplier and the consumer before or during the performance of the services.
If a supplier fails to perform a service to the standards contemplated in subsection (1), the consumer may require the supplier to either:
• Remedy any defect in the quality of the services performed or goods supplied, or
• Refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.

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