Consumer Protection Act 68 of 2008 Archives

Class action appeal: High court refuses leave

by GilesFiles | Nov 3, 2021 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Non-profit organisations, Orders, Parties, Sectors, Statutory, Topics, Universities and schools | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd High court refused leave to appeal in class action application and concluded that the interests-of-justice consideration which underpins s173 of...

Abdicating statutory mandate: Compliance order ignored?

by GilesFiles | Aug 26, 2021 | 2020 onwards, Allowed, Appeals - leave, Applications, Consumer protection, Courts, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Review tests, Sectors, State organs, Topics | 0 |

Barnado v National Consumer Commission (NCC) Abdicating statutory mandate remedied by high court granting order enforcing the provisions of the CPA and ensuring efficient redress of complaint and compliance with the goals and...

Class action certified: Coupled with interim relief

by GilesFiles | Jul 21, 2021 | Applications, Causes and defences, Courts, Declaratory, Evidence & onus, Granted, High Court, High Court judges, Interdicts & rules, Judges, Legal Practice, Legislation, Orders, Personal Information, Rule nisi, Rules Codes & Manual, Topics, Uniform HC | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Collection costs interpreted: National Credit Act

by GilesFiles | Dec 13, 2019 | 2019, Applications, Banks, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

University of Stellenbosch Law Clinic v National Credit Regulator Collection costs interpreted as provided in the National Credit Act and the high court stressed the need for responsible lending by ensuring that creditor...

NCA’s core objective: Protection of consumers

by GilesFiles | Apr 11, 2018 | 2018, Banks, Causes and defences, Consumer protection, Courts, Interpretation etc, Legal Practice, Legislation, Parties, Sectors, Supreme Court of Appeal, Topics | 0 |

Mostert v Firstrand Bank t/a RMB Private Bank The NCA’s core objective is the protection of consumers. Payment ito s 129(3) National Credit Act 34 of 2005 may be made on behalf of the consumer and payment accepted on...

Awarding costs: Consumer Tribunal lacks power

by GilesFiles | Mar 28, 2018 | 2018, Causes and defences, Consumer protection, Costs, Courts, Hearing procedure, Interpretation etc, Just and equitable, Legal Practice, Legislation, Sectors, Supreme Court of Appeal, Topics | 0 |

National Consumer Commission v Univision Services Association NPC In Competition Commission of SA v Pioneer Hi-Bred International Inc (CC) the effect of s 57 of the Competition Act 89 of 1998 and the regulations thereunder...

Invalid conduct rules: Unlawful speeding fines

by GilesFiles | Nov 17, 2017 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, BC Conduct, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Singh v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) When does protection of individual private interests conflict with public interests and when are conduct rules invalid and unenforceable?...

Re-activating prescribed consumer debts

by GilesFiles | Dec 15, 2016 | 2016, Causes and defences, Consumer protection, Courts, Interpretation etc, Judges, Legislation, SCA judges, Supreme Court of Appeal, Topics | 0 |

The majority in the SCA interpreted s 12B(1)(b) of the National Credit Act 34 of 2005 [inserted by National Credit Amendment Act 19 of 2014] as not having retrospective application and did not invalidate the agreement relied...

Strict liability non-consumers: CPA s 61

by GilesFiles | Sep 30, 2016 | 2016, Causes and defences, Consumer protection, Courts, Judges, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

Eskom Holdings Ltd v Halstead-Cleak (599/2015) [2016] ZASCA 150 (30 September 2016) per Schoeman AJA (Lewis and Willis JJA; Fourie and Makgoka AJJA concurring) The SCA allowed the appeal holding that a supplier of electricity is...

Fantasy free-lunch world: Subsidies cost consumers

by GilesFiles | Sep 28, 2016 | AE - Leon Louw, Consumer protection, Insights, philosophy / economics, Thought Leaders | 0 |

“No, this is not one of those pathetic jokes, such as that what babies and soccer players have in common is that they dribble. What they have in common is unfortunately no joke. They are policy proposals with protagonists who...

Secrecy liberation considered: Rights morphing into obligations

by GilesFiles | Aug 24, 2016 | Access to information, AE - Leon Louw, Bill of Rights, Consumer protection, Insights, Markets in SA, Personal Information, philosophy / economics, Thought Leaders, Topics | 0 |

Whether you regard secrecy as a right or obligation defines whether you are for or against liberty. Rights, though, have a habit of morphing into their opposite, obligations. Victims seldom realise their loss. The most common...

CPA plain language: Including consumer notices

by GilesFiles | Nov 5, 2015 | Consumer protection, Insights, Legal Practice, Legislation, Markets in SA, philosophy / economics, Terms & conditions, Topics | 0 |

The Consumer Protection Act 68 of 2008 contains important sections that can easily be overlooked by practitioners when drafting agreements. 22. Right to information in plain and understandable language. (1) The producer of a...

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