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Office of Consumer Protection
Introduction
The Office of the Consumer Protection (OCP) functions as part of the
consumer and Corporate Regulation Division of the Department of Trade and
Industry (the dti).
The OCP administers the Consumer Affairs (Unfair Business Practises)
Act 71 of 1988. An unfair business practise is defined in the Act as
any businesses practise which directly or indirectly has, or is likely
to have, the effect of harming relations between business and consumers,
unreasonably prejudicing any consumer, deceiving any consumer or unfairly
affecting any consumer. The office also enforces other legislation
administered by the dti that contains consumer protection provisions.
What is the role of the Office of Consumer Protection?
The Office of Consumer Protection is committed to protecting consumers
against unfair business practices through complaints resolution, investigations,
prosecutions, education and voluntary compliance programmes.
It does this by:
- Promoting the spirit of fair trade between consumers and service providers;
- Educating consumers about their rights and duties;
- Providing quick and fast resolution of complaints through negotiated settlements;
- Investigating and resolving matters relating to unfair business practices;
- Prosecuting Offenders
How are complaints received?
Consumers can first call the Customer Contact Centre at 0861 843 384. If
complaints need to be followed-up, consumers can fax, email, post or approach
the office directly.
the dti's customer contact centre will provide self help advise or
escalate the complaint to the complaints Resolution directorate. This
directorate will then mediate or negotiate with various parties to resolve
the matter. This process is voluntary: consumers and the person or organisation
against which they have lodged a complaint can choose to participate or not.
The success of each attempt at complaint resolution therefore depends on the
level of co-operation between the parties. Complaints are usually resolved
within 20 days.
What happens when a complaint is not resolved?
If the complaint is not resolved, the matter is forwarded to Investigations
Directorate to conduct an investigation into the alleged unfair business practice.
How is an investigation carried out?
The directorate can conduct three types of investigations:
Section 4(1)(c)
This is an informal type of an investigation, which enables the Consumer
Affairs Committee to do an initial investigation and gather information.
Section (8)(1)(a)
This is a formal investigation. Notice of the investigation will be published
in the Government Gazette for public comment. After Findings of the CAFCOM, the
Minister may then declare the practice an unfair business practice.
The prohibition of a business practice will be published in the Government
Gazette and will be applicable to the particular individual or business entity
concerned.
Section 8(1)(b) General investigations
General investigations are conducted in those instances where there is systemic
unfair conduct on the part of business generally and where multitudes of consumers
are affected adversely.
Penalties and Fines
Where the Minister has declared a business transaction to be unfair and the
parties fail to comply with the notice, they will be committing a criminal offence
punishable by a fine of R200 000 or five years imprisonment, depending on the
severity of the case. If already prohibited, the matter will be referred to Legal
Support and Prosecution Directorate for onward submission to the law enforcement
authorities.
How can the OCP help you?
If you believe that your consumer rights have been infringed upon or need
advice, please contact the dti Customer contact center at 0861 843 384,
or complete a online MS Word Complaint Form and fax it to
012 394 2436
Or write to:
the dti
Office of Consumer Protection
Consumer Complaints
Private Bag X84
Pretoria
0001
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