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Local Government: Postponed Implementation of Consumer Protection Act Revoked

August 29, 2017

Department of Trade and Industry

A postponement affecting the implementation of specific sections of Consumer Protection Act 68 of 2008 in “all small and medium capacity municipalities” has been revoked in terms of notice 898 of Government Gazette 34724.

The postponement had implications for the role of municipalities – and organs of state responsible to them – as suppliers of goods and services to consumers.

The sections of the act concerned were 1 to 7, 11 to 13, 15 to 52 and 62 to 122 setting out, inter alia, the consumer’s right to:

• privacy;
• freedom of choice;
• disclosure and information;
• fair and responsible marketing;
• fair and honest dealing;
• fair, just and reasonable terms and conditions; and also to
• the accountability of suppliers to consumers.

Regarding the remaining sections of the act, the notice states that the postponement will remain in place until 31 December 2012 for medium-capacity municipalities.

Sections 8 to 10 of the statute set out provisions to address the “right of equality” in the consumer market.

Sections 53 to 61 determine the “right to fair value, good quality and safety”.

This is subject to the findings of a review to be conducted jointly by the department of cooperative governance and traditional affairs and the department of trade and industry, and completed before that date.

The postponement affecting the implementation of these sections of the statute in “low-capacity municipalities” will also be maintained, subject to the findings of a separate joint review to be completed before 30 June 2014.

The postponement was originally announced on 14 March 2011 in notice 221 of Government Gazette 34116.