Frustrated with low quality products in shops and prices on the shelf differing from what you pay at the till? You may have to wait a bit longer for the law to be on your side.
Frustrated with low quality products in shops and prices on the shelf differing from what you pay at the till? You may have to wait a bit longer for the law to be on your side.
The Consumer Protection Act (CPA), which was meant to kick in from October, beefs up protection for anyone buying goods and using services in South Africa.
But it seems the implementation of the CPA will be delayed by six months because regulations are still far from being put in place. This is according to Rosalind Lake, an associate at law firm Deneys Reitz Inc.
who was quoted in Fin24.com on 25 August. The article also said that the Department of Trade and Industry indicated it would publish regulations so that the public could comment on them in September.
Even if you do not comment, shoppers can do no harm in getting informed about the CPA. “As a consumer, your rights will be well-looked after in this Act,” says Johan Barnard from the Rhodes University Law Clinic (RULC), who believes that the law is long overdue.
The Act itself says it aims to promote a “fair, accessible and sustainable market place” and to make consumers more informed about their rights.
Your rights concerning goods
•Clear labelling. Products have to show contents and trade details. If you buy a bottle of juice, for example,
the country of origin and the presence of genetically modified ingredients must be on the label.
•No one may lie about a product. A furniture seller cannot tell you a bed has four layers of foam when
it has only two. If you take it back to the shop because the product was not what you were told it would
be, the law is on your side.
•Clear product pricing. If you see a promotion for milk at R5, but have to pay R7 at the till, it is your
right to pay the lowest amount. It will also be illegal for anyone to hide or fake a price.
•Poor quality goods can be returned within six months. You buy a kettle that doesn’t work, the shop
fixes it but it breaks again. The shop has to replace it or return your money at once.
•The manufacturer, retailer, importer and distributor will all be responsible for broken, bad quality or
unsafe goods. You buy a stove and one plate doesn’t work. You take it back to the shop, who says it’s
the manufacturer’s fault and will take a long time to get fixed because it was made in China. You will
now be able to demand an immediate replacement or a refund from the shop for this or any goods
bought after 25 April 2010.
Your future rights about services
•Restrictions on unwanted direct marketing. If you have opted out of getting adverts by SMS, phone
or email and get one from a phone company, they may be liable for a fine. To opt out, you can reply
with the word STOP.
•Same quality and service for all consumers. If you enter a car dealer and get treated differently from
someone else because you are not dressed like them or are the same gender, age or race as them,
you can complain to the National Consumer Commission to get your rights enforced.
•The right to cancel direct marketing contracts within five days. If you buy an exercise bicycle that is
being promoted and you decide you don’t want it any more, you can return it and receive full repayment
as long as it is in the same condition in which you bought it.
•Terms and conditions are explained. It is now the duty of the supplier of any goods or services to tell
you all the conditions of a contract that can cause problems later. Before signing a gym contract for
example, you should know that you have to pay for one month after cancellation.
•All repairs must be quoted. Your windscreen is cracked and you take it in to get fixed. The mechanic
discovers your windscreen wipers are also broken, and fixes them without warning you beforehand.
This will soon be against the law.
•Overselling and overbooking are illegal. If you book a flight which is overbooked when you arrive,
you can insist to be on it because that is what you paid for.
If it is impossible, you can demand a refund with interest from the date of payment plus compensation for money lost for missing work.
This doesn’t apply if the airline has informed you of the problem beforehand or if the situation was beyond their control.
•Quality of service. You get a quote to have your house painted within a week. Not only must the paint
and job be of good quality, but if it is not finished within a week, the company will have to let you know
beforehand.
