Consumer protection act commentary

This commentary, written by a team of consumer law experts, provides the first comprehensive review of the Consumer Protection Act 68 of 2008 – or ‘the CPA’ as it is commonly known. The authors provide a detailed explanation of each section of the CPA and of the schedules to the Act. Case law in the area of consumer protection is presented and analysed in a clear, concise manner. Developments in consumer law internationally, where relevant to the CPA and other aspects of consumer law in South Africa, are also discussed. The arrangement of material is straightforward: each section of the CPA is reproduced and commented upon in sequential order, beginning with section 1 ‘Definitions’. Chapter headings are the same as those used in the Act. The Introduction, on the other hand, provides a more general overview of the CPA in terms of its historical background, and offers separate commentary on the impact of the Act on the law of contract and on franchising.

• A comprehensive review of the Consumer Protection Act 68 of 2008
• Each section of the CPA is reproduced and commented upon in sequential order
• The Introduction offers separate commentary on the impact of the Act on the law of contract, marketing and on franchising
• Relevant case law is analysed

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• Table of Cases
• Introduction and overview of the Consumer Protection Act (CPA)
• The impact of the CPA on the law of contract and on specific contracts
• The impact of the CPA on franchising
• The regulation of marketing under the CPA
• Interpretation, purpose and application
  • Interpretation
  • Purpose, policy and application of the CPA
  • Fundamental consumer rights
    • Right of equality in the consumer market
    • Consumer’s right to privacy
    • Consumer’s right to choose
    • Right to disclosure and information
    • Right to fair and responsible marketing
    • Right to fair and honest dealing
    • Right to fair, just and reasonable terms and conditions
    • Right to fair value, good quality and safety
    • Supplier’s accountability to consumers
    • Protection of consumer rights and consumers’ voice
      • Consumer’s rights to be heard and obtain redress
      • Commission investigations
      • Redress by the court
      • Civil society support for consumer’s rights
      • Business names and industry codes of conduct
      • National consumer protection institutions
        • National and provincial co-operation
        • Establishment of the National Consumer Commission
        • Functions of the National Consumer Commission
        • Enforcement of the CPA
          • Enforcement by the National Consumer Commission
          • Powers in support of investigation
          • Offences and penalties
          • Miscellaneous matters
          • General provisions
          • Schedules
            • Amendment of laws
            • Transitional provisions