Commercial Law

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The aim of the Consumer Protection Act 68 of 2008 is to protect consumers from exploitation and abuse in the marketplace. It therefore provides consumers with a bill of rights. A bill of consumer rights may not, however, be very useful unless there is an efficient, effective and affordable mechanism for the enforcement of the rights. In addition, it is important for both consumers and suppliers to understand the relevant provisions that are critical in ensuring that consumer rights are properly enforced, understood and respected. There is no doubt that the majority of consumers in South Africa are vulnerable to the machinations of unscrupulous dealers as a result of ignorance or illiteracy. There is, therefore, a need to educate consumers about their rights and to ensure that the rights are adequately protected. It is important to note that the Act seeks to ensure that consumers have access to fast, effective and economical redress for disputes. This is because litigation is generally costly, complex and time-consuming. In most cases parties to the dispute end up becoming frustrated by the whole litigation process. The Act, therefore, provides consumers with other less costly and cumbersome avenues of redress. By so doing, the Act empowers consumers to be able to enforce their rights. Choosing the most appropriate dispute resolution mechanism often depends on the circumstances of the particular complaint, namely: the value of the claim; the level of complexity; the number of consumers involved; the incentive for the parties to find a mutually agreeable solution; whether there was fraud, negligence or just misunderstanding; the time, money and effort the consumer or business is willing to spend in resolving the dispute; if any policy elements are involved; and if there are any cross-border elements involved