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- Is commenced by KwaZulu-Natal Consumer Protection Act, 2013: Commencement
KwaZulu-Natal
South Africa
South Africa
KwaZulu-Natal Consumer Protection Act, 2013
Act 4 of 2013
- Published in KwaZulu-Natal Provincial Gazette 1093 on 13 February 2014
- Assented to on 31 October 2013
- Commenced on 1 May 2020 by KwaZulu-Natal Consumer Protection Act, 2013: Commencement
- [This is the version of this document from 13 February 2014 and includes any amendments published up to 4 April 2024.]
Chapter 1
Definitions
1. Definitions
In this Act, unless the context otherwise indicates-“business” means-(a)offering, supplying or making available any commodity; or(b)soliciting or receiving of any investment;“Commission” means the National Consumer Commission established in terms of section 85 of the Consumer Protection Act, 2008 (Act No. 68 of 2008);“Constitution” means the Constitution of the Republic of South Africa, 1996;“co-operative” means a co-operative as defined in section 1 of the Cooperatives Act, 1981 (Act No. 91 of 1981);“consumer” in respect of any particular goods or services, means—(a)a person to whom those particular goods or services are marketed in the ordinary course of the supplier’s business;(b)a person who has entered into a transaction with a supplier in the ordinary course of the supplier’s business, unless the transaction is exempt from the application of this Act by section 5(2) or in terms of section 5(3);(c)if the context so requires or permits, a user of those particular goods or a recipient or beneficiary of those particular services, irrespective of whether that user, recipient or beneficiary was a party to a transaction concerning the supply of those particular goods or services; and(d)a franchisee in terms of a franchise agreement, to the extent applicable in terms of section 5(6)(b) to (e);“Consumer Protector” means the person appointed as head of the KwaZulu-Natal Office of the Consumer Protector in terms of section 5(3);“consumer protection group” means any consumer protection group as defined in section 1 of the Consumer Protection Act, 2008 (Act No. 68 of 2008);“Consumer Tribunal” means a consumer tribunal established for the Province in terms of section 8(1);“court” means any court contemplated in chapter 8 of the Constitution, other than the Consumer Tribunal;“Department” means the department in the Provincial Government of KwaZulu- Natal responsible for consumer affairs;“display” when used—(a)in relation to any goods, means placing, exhibiting or exposing those goods before the public in the ordinary course of business in a manner consistent with an open invitation to members of the public to inspect, and select, those or similar goods for supply to a consumer; or(b)in relation to a price, mark, notice or other visual representation, means to place or publish anything in a manner that reasonably creates an association between that price, mark, notice or other visual representation and any particular goods or services“Executive Council” means the Executive Council of the Province of KwaZulu-Natal as contemplated in section 132 of the Constitution;“facility” means any premises, space or equipment set up to fulfill a particular function, or at, in, or on which a particular service is available;“financial interest” means ownership of shares in a company, a member’s interest in a close corporation, an interest in a partnership and, in respect of business or undertaking, any interest which enables the holder thereof to share in the profits and income of such business or undertaking;“Gazette” means the official Provincial Gazette of the Province of KwaZulu-Natal;“goods” includes—(a)anything marketed for human consumption;(b)any tangible object not otherwise contemplated in paragraph (a), including any medium on which anything is or may be written or encoded;(c)any literature, music, photograph, motion picture, game, information, data, software, code or other intangible product written or encoded on any medium, or a licence to use any such intangible product;(d)a legal interest in land or any other immovable property, other than an interest that falls within the definition of ‘service’ in this section; and(e)gas, water and electricity;"Head of Department" means the most senior officer of the department in the Provincial Government of KwaZulu-Natal responsible for consumer affairs;“investigator” means a person appointed in terms of section 31 (1)(a);“Member of the Executive Council for Finance” means the member of the Executive Council of the Province of KwaZulu-Natal responsible for finance;“Office” means the KwaZulu-Natal Office of the Consumer Protector established in terms of section 5(1);“office bearer” means-(a)a member of the National Assembly, the National Council of Provinces or the Cabinet;(b)a member of a provincial legislature or Executive Council of a province;(c)a municipal councilor;(d)a diplomatic representative of the Republic who is not a member of the public service;(e)a member of the house of traditional leaders; or(f)a national or provincial office bearer of a political party, organization, body, alliance or movement registered in terms of section 15 or 15A of the Electoral Commission Act, 1996 (Act No. 51 of 1996);“ombud with jurisdiction” in respect of any particular dispute arising out of an agreement or transaction between a consumer and a supplier who is—(a)subject to the jurisdiction of an ‘ombud’, or a ‘statutory ombud’, in terms of any national legislation, means that ombud, or statutory ombud; or(b)a ‘financial institution’, as defined in the Financial Services Ombud Schemes Act, 2004 (Act No. 37 of 2004), means ‘the ombud’, as determined in accordance with section 13 or 14 of that Act;“person” means a natural or a juristic person, a group of such persons or a corporate body, unless the context indicates a contrary meaning;“Portfolio Committee” means the Portfolio Committee of the Provincial Legislature responsible for economic development and tourism;“premises” means land, or any building, structure, vehicle, ship, boat, vessel, aircraft or container;“prescribed” means prescribed by regulation, and “prescribe” has a corresponding meaning;“price” when used in relation to—(a)a representation required to be displayed by section 23, includes any mark, notice or visual representation that may reasonably be inferred to indicate or express an association between any goods or services and the value of the consideration for which the supplier is willing to sell or supply those goods or services; or(b)the consideration for any transaction, means the total amount paid or payable by the consumer to the supplier in terms of that transaction or agreement, including any amount that the supplier is required to impose, charge or collect in terms of any public regulation;“prohibited conduct” means an act or an omission in contravention of this Act;“promote” means to-(a)advertise, display or offer to supply any goods or services in the ordinary course of business, to all or part of the public for consideration;(b)make any representation in the ordinary course of business that could reasonably be inferred as expressing a willingness to supply any goods or services for consideration; or(c)engage in any other conduct in the ordinary course of business that may reasonably be construed to be an inducement or attempted inducement to a person to engage in a transaction;“Province” means the province of KwaZulu-Natal established in terms of section 103 of the Constitution and “provincial” has a corresponding meaning;“Provincial Legislature” means the Legislature of the Province of KwaZulu-Natal as contemplated in section 105 of the Constitution and having the legislative authority for the Province as contemplated in section 104(1) of the Constitution;“public servant” means a public servant as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes a municipal employee;“regulations” means regulations made in terms of this Act;“regulatory authority” means an organ of state or entity established in terms of national or provincial legislation responsible for regulating an industry, or sector of any industry;“respondent” means a person or firm against whom a complaint or application has been initiated in terms of this Act;“responsible Member of the Executive Council” means the Member of the Executive Council of the Province of KwaZulu-Natal responsible for consumer affairs;“retailer” with respect to particular goods, means a person who, in the ordinary course of business, supplies those goods to a consumer;“Revenue Fund” means the Provincial Revenue Fund established in terms of section 226 of the Constitution;“service” includes, but is not limited to—(a)any work or undertaking performed by one person for the direct or indirect benefit of another;(b)the provision of any education, information, advice or consultation, except advice that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002);(c)any banking services, or related or similar financial services, or the undertaking, underwriting or assumption of any risk by one person on behalf of another, except to the extent that any such service—(i)constitutes advice or intermediary services that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002); or(ii)is regulated in terms of the Long-term Insurance Act, 1998 (Act No. 52 of 1998), or the Short-term Insurance Act, 1998 (Act No. 53 of 1998);(d)the transportation of an individual or any goods;(e)the provision of—(i)any accommodation or sustenance;(ii)any entertainment or similar intangible product or access to any such entertainment or intangible product;(iii)access to any electronic communication infrastructure;(iv)access, or of a right of access, to an event or to any premises, activity or facility; or(v)access to or use of any premises or other property in terms of a rental;(f)a right of occupancy of, or power or privilege over or in connection with, any land or other immovable property, other than in terms of a rental; and(g)rights of a franchisee in terms of a franchise agreement, to the extent applicable in terms of section 5(6)(b) to (e), irrespective of whether the person promoting, offering or providing the services participates in, supervises or engages directly or indirectly in the service;“service provider” means a person who promotes, supplies or offers to supply any service;“supplier” means a person who market any goods or services;“supply” when used as a verb—(a)in relation to goods, includes sell, rent, exchange and hire in the ordinary course of business for consideration; or(b)in relation to services, means to sell the services, or to perform or cause them to be performed or provided, or to grant access to any premises, event, activity or facility in the ordinary course of business for consideration;“this Act” includes the regulations; and“transaction” means—(a)in respect of a person acting in the ordinary course of business—(i)an agreement between or among that person and one or more other persons for the supply or potential supply of any goods or services in exchange for consideration; or(ii)the supply by that person of any goods to or at the direction of a consumer for consideration; or(iii)the performance by, or at the direction of, that person of any services for or at the direction of a consumer for consideration; or(b)an interaction contemplated in section 5(6), irrespective of whether it falls within paragraph (a);Chapter 2
Objects of Act, exemptions and functions responsible Member of Executive Council
2. Objects of Act
The objects of this Act are-3. Exemptions
This Act does not apply to-4. Functions of responsible Member of Executive Council
The responsible Member of the Executive Council must-Chapter 3
Agencies for consumer protection in KwaZulu-Natal
5. Establishment of KwaZulu-Natal Office of Consumer Protector
6. Objects of Office of Consumer Protector
The objects of the Office of Consumer Protector are-7. Powers, duties and functions of Office of Consumer Protector
8. Establishment of Consumer Tribunals
9. Objects of Consumer Tribunal
The objects of a Consumer Tribunal are-10. Powers, duties and functions of Consumer Tribunal
11. Composition of Consumer Tribunal
12. Disqualification from being appointed to Consumer Tribunal
A person is disqualified from being appointed to a Consumer Tribunal or from remaining on a Consumer Tribunal, by reason that he or she-13. Declaration of financial or other interests of members of Consumer Tribunal
14. Failure to declare financial or other interests by member of Consumer Tribunal
15. Term of office of member of Consumer Tribunal
16. Vacancies, removal from office and resignation of members of Consumer Tribunal
17. Temporary suspension of member of Consumer Tribunal
18. Constitution of Consumer Tribunal
19. Remuneration of members of Consumer Tribunal
20. Expert and other assistance to Consumer Tribunal
21. Proceedings of Consumer Tribunal
22. Summoning of witnesses and production of documents before Consumer Tribunal
Chapter 4
Realisation and protection of consumer rights
Part 1 – General
23. Consumer rights
24. Realization of consumer rights
Any of the following persons, may in the manner provided for in this Act, approach a Consumer Tribunal or the Consumer Protector where his or her rights in terms of this Act have been infringed, impaired or threatened or where any prohibited conduct has occurred or is occurring-25. Protection of consumer rights
If a consumer has exercised, asserted or sought to uphold any right set out in this Act or in an agreement or transaction with a supplier, the supplier may not, in response-26. Enforcement of rights by consumer
Part 2 – Lodging and investigation of consumer complaints
27. Lodging complaint with Office of Consumer Protector
28. Investigation procedure
29. Preliminary assessment of consumer complaint
30. Summoning and questioning of persons and production of books and documents
31. Appointment of investigators
32. Search and seizure
33. Negotiation of arrangement to resolve consumer complaint
34. Institution of proceedings after completion of investigation
Part 3 – Adjudication and review of consumer complaints
35. Review Panel
36. Effect of review judgment
If the Review Panel orders the Consumer Protector to institute proceedings on behalf of a consumer, section 29 applies with the necessary changes required by the context.Chapter 5
Arrangements negotiated by Office of Consumer Protector
37. Confirmation of arrangements negotiated by Office of Consumer Protector
Chapter 6
Law enforcement and judicial proceedings
Part 1 – Confidentiality, limitation of liability, waiver of benefits and civil remedies
38. Confidentiality
No investigating officer or person in the service of the Office of the Consumer Protector or performing duties for the Office may disclose any information acquired by him or her in the exercise or performance of any powers, functions or duties in terms of this Act, except-39. Limitation of liability
No person, including the State, is liable in respect of anything done in good faith under this Act, save that the onus to establish good faith must be borne by such person or the State.40. Waiver of benefits
Any agreement or contractual term purporting to exclude the provisions of this Act or to limit the application thereof is null and void.41. Remedies
No provision of this Act may be construed as depriving any person of any civil remedy or right to institute any criminal prosecution.Part 2 – Offences and penalties
42. General offences
43. Offences regarding hearing of Consumer Tribunal
A person who-44. Penalties
Any person convicted of an offence-Chapter 7
General provisions
45. Regulations
46. Transitional arrangement
Any complaint lodged with the Consumer Business Unit of the Department made before the commencement of this Act in terms of any legislation whether repealed or amended, and the Regulations made in terms of that legislation, must be dispensed of and finalized in terms of this Act.47. Short title and commencement
History of this document
01 May 2020
13 February 2014 this version
31 October 2013
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
KwaZulu-Natal Consumer Protection Regulations, 2014 | Provincial Notice 28 of 2015 |