Page 48 - Profmark BSA Guide 2025

CONSUMER PROTECTION ACT, 68 OF 2008

The Consumer Protection Act and Regulations (the CPA) is intended to promote fair
business practices by governing transactions and services that occur in SA between
suppliers and consumers. It regulates the activities of suppliers and creates rights for
consumers (in the event that they fall within the ambit and scope of the Act).
Where applicable, the CPA regulates the marketing of goods and services to
consumers as well as the relationships, transactions, advertisements and agreements
between the consumers, suppliers, producers, distributors, importers, retailers, service
providers and intermediaries of those goods and services. A supplier may reside in or
outside SA, or have its principal office in or outside of SA.
The CPA applies to:
■ Every transaction occurring within SA, and covers both goods or services delivered
or rendered “in the ordinary course of business” and it applies to transactions
which suppliers enter into with consumers (a transaction refers to the supply of
goods or services in return for payment). It therefore covers:
■ The promotion and advertising of goods or services that could lead to the
transaction being entered into (unless exempted), the performance of the
service and the supply of goods, the goods and services themselves after
the transaction is completed, and the goods which form the subject of
an exempted transaction. The Act does not apply to certain consumers,
certain transactions, or in specific instances where exempted by the
Minister, more specifically:
The CPA does not apply to the following consumers:
■ Juristic Persons whose asset value or annual turnover equals or exceeds
R2 million. Juristic persons, for purposes of the CPA include: a company, a close
corporation, and also a body corporate, partnership or association, or a trust as
defined in the Trust Property Control Act, 57 of 1988.
■ The State.
■ Credit Agreement Transactions (exclusions apply).
■ Employment contracts.
■ Collective bargaining and bargaining agreements.
■ Specific exemption granted by the Minister.

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