Legal Articles

As alluded in our previous instalment on consumer rights, the purpose of the Consumer Protection Act 68 of 2008 (the CPA), is to ‘promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices…’

We further reiterate that not all trading transactions are concluded flawlessly, and it is against this backdrop that we receive queries pertaining to this area of law and we shared some insights on some of them in our previous instalment. In this instalment we shall address further queries.

Which price supersedes the other where two different prices are displayed on the same product?

According to Section 23 (6) (b) of the Consumer Protection Act 68 of 2008 (CPA), a consumer shall not be required to pay higher than the lower or lowest of the prices unless, if the price is determined by public regulation or if it has been altered by an unauthorised person.

What is negative option marketing and is it lawful?

Negative option marketing is a form of marketing whereby goods are to be supplied or an agreement automatically entered into, unless the consumer specifically declines. This form of marketing is prohibited by the CPA in terms of section 31.

What is implied warranty of quality and for how long is it effective?

Section 56 of the CPA provides that in any transaction or agreement pertaining to the supply of goods, they come with an implied warranty of quality for six (6) months. Within the said period, should the goods be defective or develop defects, the consumer may return them for repair and in the event that the defects persist, the supplier is obliged to replace the goods before a refund can be considered as the last option.

Does the CPA apply to goods and services supplied to the State?

No. The CPA does not apply in terms of which goods or services are promoted or supplied to the State.

What is discriminatory marketing in the context of the Consumer Protection Act?

Section 8 defines it as any one of the hereunder;

(a)          excluding any person or category of persons from accessing any goods or

services offered by the supplier;

(b)          granting any person or category of persons exclusive access to any goods or

services offered by the supplier;

(c)           assigning priority of supply of any goods or services offered by the supplier to

any person or category of persons;

(d)          supplying a different quality of goods or services to any person or category of

persons;

(e)           charging different prices for any goods or services to any persons or category of

persons;

(f)           targeting particular communities, districts, populations or market segments for

exclusive, priority or preferential supply of any goods or services; or

(g)          excluding a particular community, district, population or market segment from

the supply of any goods or services offered by the supplier, on the basis of one or more grounds of unfair discrimination provided in section 9 of the Constitution of the Republic of South Africa Act 108 of 1996. 

Please find relevant details from our previous blog: 

https://www.vandeventers.law/Legal-Articles/entryid/2078/the-rights-of-a-consumer-questions-answers-i 

At Van Deventer and Van Deventer Incorporated, we assist with consumer protection matters and contracts amongst a wide array of other legal services. Our services are comprehensive and professional.

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