The protection of low-income consumers under the South African Consumer Protection Act 68 of 2008

2012 ◽  
Vol 1 (4) ◽  
pp. 243-253
Author(s):  
Tjakie Naude
Keyword(s):  
South African ◽  
Consumer Protection ◽  
Low Income ◽  
The South ◽  
Consumer Protection Act ◽  
Low Income Consumers

scholarly journals The Influence of the Consumer Protection Act 68 of 2008 on the Common Law Warranty Against Eviction: A Comparative Overview

2017 ◽  
Vol 15 (5) ◽  
pp. 347
Author(s):  
Jacolien Barnard
Keyword(s):  
United Kingdom ◽  
South African ◽  
Consumer Protection ◽  
Common Law ◽  
The South ◽  
Consumer Protection Act ◽  
The United Kingdom ◽  
Legal Position ◽  
The Common

The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.

scholarly journals "Innovative Orders" Under the South African Consumer Protection Act 68 of 2008

2019 ◽  
Vol 22 ◽  
pp. 1-32 ◽  
Author(s):  
Tjakie Naude ◽  
Elizabeth De Stadler
Keyword(s):  
South African ◽  
Consumer Protection ◽  
The South ◽  
Reasonable Time ◽  
Consumer Protection Act ◽  
The United Kingdom ◽  
Practical Effect ◽  
Right Of Access ◽  
To Receive ◽  
Compliance Programme

This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give practical effect to the consumer's right of access to redress", including, but not limited to, "any innovative order that better advances, protects, promotes and assures the realisation by consumers of their rights" in terms of the CPA (in addition to any order provided for in the CPA). First, a brief overview of the provisions on interpretation of the CPA is given, to give context to the interpretation of the power of the courts to make innovative orders. Thereafter, instances are discussed where it is undoubtedly clear that innovative orders are needed, that is, where the CPA creates a right without a remedy. Examples are the consumer's right to receive delivery of the goods or performance of the services within a reasonable time where no time for performance was agreed upon, and the consumer's right to assume that "the supplier has the legal right, or the authority of the legal owner", to supply the goods. This part includes analysis and criticism of the only reported decision which discusses the delineation of the power to grant innovative orders, and which unjustifiably refused to grant such an order in respect of the consumer's right that the goods supplied "remain useable and durable for a reasonable time". The article then considers situations where there is no clear gap in the CPA such as a right without a remedy, but the CPA is nevertheless ambiguous and policy considerations call for an innovative order. This part gives an example of a case where the National Consumer Tribunal briefly referred to section 4(2)(b) on innovative orders in support of a new rule on the suspension of prescription (time limitation) not recognised in the text of the CPA. Part 5 of the article considers the types of orders that were probably envisaged by the legislature when drafting section 4(2)(b) on innovative orders, such as publicity and compliance programme orders, which serve to increase the effectiveness and preventative effect of orders on prohibited conduct. This part of the article considers legislation from the United Kingdom on such orders, which is referred to as "enhanced consumer measures".     

scholarly journals DEMANDING QUALITY SERVICE: AN EVALUATION OF THE WIRELESS APPLICATION SERVICE PROVIDERS ASSOCIATION (WASPA) CODE OF CONDUCT IN LIGHT OF THE CONSUMER PROTECTION ACT 68 OF 2008

Obiter ◽  
2017 ◽  
Vol 38 (2) ◽  
Author(s):  
Leander Kruger ◽  
Monray Marsellus Botha
Keyword(s):  
South Africa ◽  
South African ◽  
Consumer Protection ◽  
Rapid Growth ◽  
Service Providers ◽  
Code Of Conduct ◽  
Mobile Service ◽  
The South ◽  
Service Failures ◽  
Consumer Protection Act

Consumerism has been around for quite some time, giving rise to the need to protect consumers against exploitation by suppliers. In the South African context the impetus to extend protection to consumers of goods and services however only gained proper momentum at the beginning of the 2000s. The Electronic Communications and Transactions Act 25 of 2002 was introduced to provide protection in respect of online transactions. With the introduction of the National Credit Act 34 of 2005 that affords protection to consumers in the credit market as well as the Consumer Protection Act 68 of 2008 that affords protection to consumers in a wide variety of instances consumer protection in South Africa has eventually reached an acceptable level.The CPA, being the most recent in the aforementioned trio of consumer protection legislation, is a comprehensive piece of legislation that extends protection to South African consumers in a wide variety of matters, inter alia, providing them with rights in respect of defective goods, contract terms, franchise agreements, auctions, product liability and so forth. The CPA was signed into law by the President on 24 April 2009 and was put into effect incrementally. The general effective date of the CPA is 31 March 2011 and the regulations issued in terms of the Act were published on 1 April 2011.The fast-developing mobile (cellphone) industry, where products and services improve constantly, necessitates the forging of consumer–brand relationships in order to keep consumers brand loyal and thus to prevent them from switching to competing brands. The South African cellphone industry has been characterised by major growth and is regarded as being one of the fastest-growing industries on the African continent. The number of cellphone users has more than doubled from 12 million in 2005 to 28 million in 2011, constituting 82% of the adult South African population. Competition between cellphone brands has also increased as a variety of different cellphone handsets and smart phones have started entering the South African market, making them accessible and affordable to South African consumers, as well as making it easier to switch between brands. South Africa has shown rapid growth in the number of cellphone users, leading the market to reach saturation. This rapid growth has also led to major network congestion and subsequent service problems related to the South African cellphone service provider networks. Subsequently, customers are showing high levels of customer dissatisfaction, requiring service recovery strategies to be put in place to remedy the situation. As it is impossible for service providers to consistently meet and exceed customer needs, service providers need to determine what remedies customers anticipate when their expectations are not met and service failures occur. If service providers are unable to recover from service failures, service providers could experience detrimental results to their profitability and performance, which could furthermore lead to customers switching service providers and engaging in negative word-of-mouth. According to Bejou and Palmer, it is important for a service business to determine their customer types and how long customers have been dealing with them (consumption stage), as this will influence how customers will react when faced with poor service and service failures and how easily they will switch to a substitutable product and new service provider.This note will examine the right to fair value, good quality, and safety in respect of services provided by mobile “service providers” in South Africa with particular reference to the CPA as well as the WASPA Code of Conduct for the mobile service provider industry.

scholarly journals The impact of the credit legislation on consumers

2016 ◽  
Vol 6 (4) ◽  
pp. 503-509 ◽  
Author(s):  
Hlako Choma ◽  
Thifulufhelwi Cedric Tshidada ◽  
Tshegofatso Kgarabjang
Keyword(s):  
South Africa ◽  
South African ◽  
Consumer Protection ◽  
The Other ◽  
The South ◽  
Other Hand ◽  
Credit Agreement ◽  
Financial Obligation ◽  
The Impact ◽  
National Credit Act

The purpose of this paper is to examine two South Africa legislations dealing with over indebtedness of a consumer. It is clear that in terms of the South African law, section 129 (1) and 130 (3) of the National Credit Act provide that a creditor provider who wishes to enforce a debt under a credit agreement must first issue a section 129 (1) (a) notice to the consumer (the purpose of the notice is to notify the consumer of his/her arrears). On the other hand, the South African National Credit Act encourages the consumers to fulfil the financial obligations for which they are responsible. The second legislation to be examined which serve or appear to serve same purpose as the National Credit Act is the Insolvency Act. It therefore, postulated that the compulsory sequestration of a consumer in terms of the Insolvency Act would stand as an alternative remedy for a credit provider before she/he can have recourse mechanisms, such as debt review that are focused on satisfaction of the consumer’s financial obligation , in terms of the provisions of the National Credit Act. The paper determines to what extend these measures comply with the constitutional consumer protection demands. The legislature had been pertinently cognizant of the Insolvency Act when it lately enacted the National Credit Act. This is much apparent from the express amendment of section 84 of the Insolvency Act to the extent set out in schedule 2 of the National Credit Act

Sustainable housing financing model to reduce South Africa housing deficit

2017 ◽  
Vol 10 (3) ◽  
pp. 410-430 ◽  
Author(s):  
Bashir Olanrewaju Ganiyu ◽  
Julius Ayodeji Fapohunda ◽  
Rainer Haldenwang
Keyword(s):  
South Africa ◽  
South African ◽  
Affordable Housing ◽  
Low Income ◽  
Low Cost ◽  
South African Government ◽  
The South ◽  
African Government ◽  
Content Type ◽  
Mortgage Payment

Purpose This study aims to identify and establish effective housing financing concepts to be adopted by government in achieving its mandate of providing sustainable affordable housing for the poor to decrease the building of shacks, as well as proposing solutions to the housing deficit in South Africa. A rise in demand and shortage in supply of housing calls for the need to address issues of affordable housing in South Africa, and developing countries in general, to ensure a stable and promising future for poor families. Design/methodology/approach Literature has revealed that the South African government, at all levels, accorded high priority to the provision of low-cost housing. Thus, government has adopted subsidy payment as a method of financing affordable housing to ensure that houses are allocated free to the beneficiaries. This also addresses the historically race-based inequalities of the past, but unfortunately, this has not been fully realised. This study uses a sequential mixed method approach, where private housing developers and general building contractors were the research participants. The qualitative data were analysed using a case-by-case analysis, and quantitative data were analysed using a descriptive statistical technique on SPSS. Findings The results of the qualitative analysis reveal a gross abuse of the housing subsidies system by the beneficiaries of government-funded housing in South Africa. This is evident from illegal sale of the houses below market value. This has led to a continual building of shacks and an increased number of people on the housing waiting list instead of a decrease in the housing deficit. The results from quantitative analysis affirm the use of “Mortgage Payment Subsidies, Mortgage Payment Deductions, Down-Payment Grant and Mortgage Interest Deductions” as viable alternatives to subsidy payment currently in use to finance affordable housing projects by the South African Government. Practical implications At the moment, the focus of the South African National Government is continual provision of free housing to the historically disadvantage citizens, but the housing financing method being used encourages unapproved transfer of ownership in the affordable housing sector. This study thus recommends the use of an all-inclusive housing financing method that requires a monetary contribution from the beneficiaries to enable them take control of the process. Originality/value The relational interface model proposed in this study will reduce pressure on government budgetary provision for housing and guarantee quick return of private developers’ investment in housing. Government must, as a matter of urgency, launch a continuous awareness programme to educate the low-income population on the value and the long-term benefits of the housing.

scholarly journals A consumer perspective of the South African red meat classification system

1970 ◽  
Vol 45 (3) ◽  
pp. 339-354
Author(s):  
H Vermeulen ◽  
HC Schonfeldt ◽  
B Pretorius
Keyword(s):  
South African ◽  
Low Income ◽  
Classification System ◽  
Meat Product ◽  
Red Meat ◽  
High Income ◽  
Observational Research ◽  
Eating Quality ◽  
The South ◽  
Labelling Information

The South African consumer market is characterised by socio-economic and cultural diversity. Food expenditure patterns, behaviour and preferences differ significantly between the various socio-economic sub-groups. Packaging information, including red meat classification information, could be an important tangible resource used by consumers to gauge product quality. The first objective of the research reported in this paper is to investigate the red meat knowledge, usage and perceptions regarding beef and sheep meat classification and related quality parameters among South African consumers. Consumer perceptions of red meat classification were extracted from a comprehensive consumer survey among stratified representative samples of South African low-, middle- and high-income consumers (n = 165, n = 171 and n = 249). The paper also briefly reports on an in-store ‘observational’ research project that was conducted to develop an understanding of the communication of carcass classification to consumers through fresh red meat product labels at independent butchers and large retailers across South Africa (n = 60). Low-income consumers had very limited understanding and gave little attention to red meat classification. Even though middle-class and wealthy consumers also have a limited understanding of red meat classification, about half of these consumers check for a classification mark. Red meat classification was not mentioned by consumers as a major concern regarding red meat, but related aspects were important such as quality, fattiness, tenderness, juiciness, taste, freshness, smell and appearance. Purchase considerations for beef and mutton/lamb focussed largely on safety, appearance, price and eating quality. Labelling information observed at retail outlets gave very little attention to classification. There is a definite need for consumer education relating to the red meat classification system and for the development of an appropriate front-of-pack labelling system to communicate red meat classification.Keywords: Beef, high-income, knowledge, labelling information, lamb, low-income, middle-income, mutton, perceptions

scholarly journals NITROGEN OXIDES ON THE SOUTH AFRICAN HIGHVELD

2017 ◽  
Vol 16 (2) ◽  
Author(s):  
K Ross ◽  
S Broccardo ◽  
K.P Heue ◽  
K Ferguson ◽  
S Piketh
Keyword(s):  
South African ◽  
Low Income ◽  
Ground Level ◽  
Motor Vehicles ◽  
The South ◽  
Power Stations ◽  
Satellite Retrievals ◽  
Surface Measurements ◽  
Airborne Imaging ◽  
Research Initiatives

Satellite retrievals have highlighted the South African Highveld as a region with one of the highest nitrogen oxide (NOx) emission densities in the world. There are numerous sources of NOx on the Highveld, including coal-fired power stations, petrochemical and other industries, motor vehicles and lightning, but surface measurements of NOx have not indicated that there is any cause for concern. A number of research initiatives are being undertaken in an attempt to resolve the discrepancy between surface measurements and satellite retrievals of NOx. An assessment of ground-level concentrations in various environments, including industrial and urban regions, has shown that NOx levels recorded in the low-income urban area are significantly higher than those recorded downwind of industries or power stations. NO2 column densities have been remotely sensed over the Highveld using an airborne imaging DifferentialOptical Absorption Spectrometer (iDOAS), in order to validate the satellite retrievals and investigate individual sources of NOx. Results from the first campaign show high NO2 integrated column densities in the immediate vicinity of sources. Well defined plumes can be observed downwind of prominent sources.

scholarly journals The Good Practice in Marketing Microinsurance Product : Evidence from Indonesia

2017 ◽  
Vol 2 (No. 1 Apr 2017) ◽  
pp. 73-88
Author(s):  
Rofikoh Rokhim ◽  
Ruri Eka Fauziah Nasution ◽  
Melia Retno Astrini
Keyword(s):  
Central Asia ◽  
Consumer Protection ◽  
Low Income ◽  
Market Research ◽  
Good Practice ◽  
Market Potential ◽  
Corporate Values ◽  
Large Market ◽  
Low Income Consumers

The purpose of this study is to investigate the good practice of the microinsurance industry in Indonesia, using a case study of three microinsurance providers, namely Allianz, Prudential, and Asuransi Central Asia (ACA). In addition, this study also aims to analyze the challenges, of the microinsurance industry in Indonesia. Results from this study reveal that despite the large market potential for microinsurance in Indonesia, there are challenges that should be addressed, to boost the growth of the microinsurance industry in Indonesia. To respond to this challenge, attention should be focused on consumer protection, and consumer appeal aspects. From the three microinsurance providers discussed in this study, viable approaches to implement when competing in the microinsurance market in Indonesia, including market research to understand the behavior of low-income consumers, the extensive distribution of partners, consumer education practices, and corporate values that demonstrate the dedication of the company, to serve low-income consumers.

South African community in Auckland

2019 ◽  
Vol 29 (3) ◽  
pp. 390-404
Author(s):  
Osamuede Odiase ◽  
Suzanne Wilkinson ◽  
Andreas Neef
Keyword(s):  
South African ◽  
Affordable Housing ◽  
Low Income ◽  
Longitudinal Research ◽  
Community Resilience ◽  
Potential Hazard ◽  
The South ◽  
Content Type ◽  
Secondary Sources ◽  
African Community

Purpose The purpose of this paper is to investigate the resilience of the South African community in Auckland to a potential hazard event. Design/methodology/approach The research collected data from both primary and secondary sources. The research used parametric and non-parametric analytical procedures for quantitative data and a general inductive approach to qualitative data analysis and a three-step coding cycle for interviews. A content analytical process of theme formation was used to analyse secondary materials. The research discussed findings in line with related studies on community resilience. Findings The aggregate community resilience index was above average on the scale of 1–5. The highest and lowest contributions to the resilience of the South African community came from communication and information and physical capacities of the community. Although the highest contribution came from the communication domain, there is a need to sensitise the community on the importance of real-time information for resilience. Community ability to respond as a first responder and to access diverse sources was low because of a lack of interest in disaster risk reduction activities and membership of associations. Intervention in the economic domain and affordable housing is needed to assist low-income earners in coping with a potential disaster and enhance future resilience. Research limitations/implications The practical resilience of the community is limited to the time of this research. The state of resilience might change in longitudinal research due to changes in resources and ecosystem. The research did not consider institutional and natural domains because its focus was to predict resilience at the individual level. Practical implications At-risk societies could enhance their resilience through a periodic audit into its resources, identify indicators of low resilience and carry out interventions to address potential vulnerabilities. Besides the importance of resource in resilience, the research illuminates the need to address the question of who is resilient and resources distribution in the community. The issues are imperative in community resilience as they underpinned the personal ability to preparedness, response and recover from a disaster. Originality/value Although the research provides insight into the resilience of the South African community, it constitutes preliminary research towards a further understanding of the resilience of the South African community in Auckland.

Consumer Protection Measures in Non-Life Insurance Contracts: A South African and Australasian Trend?

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Samantha Huneberg
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Consumer Protection ◽  
Life Insurance ◽  
Insurance Industry ◽  
Protection Measures ◽  
Insurance Contracts ◽  
Consumer Protection Act ◽  
Worldwide Phenomenon

Consumer protection has gained prominence in many different industries worldwide. In South Africa, the consumer protection trend was first identified in the promulgation of the National Credit Act and the Consumer Protection Act. Extending protection to the insurance industry has not been far behind. In recent years, South Africa has promulgated new legislative measures specifically aimed at the protection of consumers in relation to insurance contracts (policyholders). This trend is fast becoming a worldwide phenomenon with both Australia and New Zealand also recognising the importance of consumer protection measures in their insurance legislation. This article considers the position in South Africa, Australia and New Zealand with regard to consumer protection measures in insurance legislation within the non-life insurance sphere.

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