The Consumer Protection Act for dummies – an introduction

You buy milk. It’s sour. Very well, you’ve just lost R12. You just can’t find the strength to clad yourself in an imaginary coat of armour, drive back to the grocery store and fight tooth and nail to get your R12 back.
But then you buy a laptop. It costs you R10 000 and doesn’t live up to your expectations. You leave the coat of armour – who has time for that? – and jump into your car.
Inside the store, the manager folds his arms. “Why do you want to return the product?” he asks with a strange, almost sadistic, facial expression. This is where you start wondering whether you’re even allowed to return the R10 000 laptop.

Stop it.

The Consumer Protection Act (CPA) is on your side.

Over the next two months, Nelspruit Post will run a series of explanatory reports on the CPA. This will enable you to understand this empowering bit of legislation and use it to your advantage.

This week we offer a brief introduction on the Act. The CPA was signed into law on April 24, 2009. Eighteen months later, it was in effect.

This Act aims to promote fairness in the marketplace for both suppliers and consumers. It has put legislative frameworks in place to effect this, which will be discussed in detail over the next eight weeks. The Act enables consumers to lodge complaints when they feel that they have been mistreated.

Who may lodge consumer complaints?

An individual or a person authorised to act on behalf of another person or a group of people, or someone acting in the public interest.

The Consumer Protection Act applies to the following:

• Every transaction within the Republic of South Africa
• The promotion or supply of any goods and services within South Africa
• Scenarios where goods or services are supplied or promoted within SA, in terms of transactions mentioned in the Act.

When will the Consumer Protection Act not be applicable?
• When goods or services are supplied to the state
• When regulatory authorities have been exempted across a specific industry
• Credit agreements, in terms of the National Credit Act, but not goods or services
• Services under employment contracts
• Agreements that give effect to collective bargaining agreements and agreements giving effect to bargaining.

Who is considered a “consumer” for purposes of the Act?

Consumers are persons to whom goods or services are marketed. They have entered into transactions with suppliers, users of particular goods or those who receive or benefit from services.

What are consumer rights?
The Bill of Rights gives South Africans a host of rights. This includes the right to equality in the consumer market and protection against discriminatory marketing.  The constitution also guarantees the right to privacy, the right to choose and the right to disclosure of information.
Other rights protected by the constitution include the rights to fair and responsible marketing, fair and honest dealing and fair, just and reasonable terms and conditions.
Also, the right to fair value, good quality and safety and right to accountability by suppliers are included.

It is clear that the scope of this legislation is very far reaching. Readers are advised to keep their eyes on future editions of this publication to see how the Act can work for them.