1. South Africa Consumer Protection Act 2011

2. Background

3. Scope of the Act

4. Excluded transactions

5. Meaning of goods

6. Meaning of service Accommodation e.g. restaurant or hotel Entertainment e.g. sale of tickets Access to any electronic communications infrastructures e.g. cell phones, 3G Access to event, premises, activity or facility Right of occupancy in land or other immovable property Education, information, advice or consultation (excluding FAIS)

7. Right to equal access to consumer market Sales of alcohol to under-aged minors Discounted prices for children, persons over a certain age Separate use of facilities for different genders Access to goods or services Different quality or pricing

8. Right to privacy Minister to: Consumer’s right to: Accept, refuse or block any approach for the purposes of direct marketing Formal demands to discontinue marketing approach Pre-emptively blocking of direct marketing Establish an “Exclusion Register” Prescribe certain days, dates and times during which it is prohibited to contact consumers

9. Consumer’s right to choose No bundled goods or services Unless bundling results in economic benefit Right to cancel a fixed term agreement upon expiry without penalty or charge Month to month automatic renewal 20 Business days cancellation notice Fixed term contracts Provide consumer with an estimate. Supplier not permitted to charge for drawing up cost estimate Consumer to pre-authorise or refuse additional repairs Suppliers not permitted to charge for inspections required in compiling cost estimates unless with prior agreement Repairs, maintenance or replacement services

10. Consumer’s right to choose Cooling off period of 5 business days No need to provide reasons for cancellations No penalties Suppliers to return payments received within 15 business days of receiving cancellation notice

11. Consumer’s right to choose

13. Grey market goodsDisclosure requirements

17. Free from defects

18. Reasonably suitable for the intended purposeGoods to be in working order, free of defects, useable and durable for a reasonable period of time

19. Right to fair, just and reasonable terms To issue alerts of any activity that is subject to hazard Provide notice or instructions of safe handling, how to inhibit any risk, remedy or mitigate the effects Provide for safe disposal of goods Accept the return of waste goods Liable for harm caused as consequence of product defect or failure Joint and several liability: producer, importer, distributor, retailer Obligation of suppliers Implied warranty on quality: Six months on repair, replace or refund Further three months replace or refund on repairs

20. Supplier’s accountability to consumers Supplier obliged to honour them Minimum period is three years Treated as pre-paid income until redeemed Pre-paid certificates, credits and vouchers

21. Registration of business names