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What are a Consumer's Rights and Responsibilities?

Rights
The Bill of Rights, which is a cornerstone of the Constitution, enshrines the rights of all the people in South Africa, including their consumer rights. There are eight internationally recognized consumer rights.

• The right to satisfaction of Basic Needs. Consumers should have access to basic goods and services such as adequate food, clothing, housing, health care, education, clean water and sanitation.

  It is therefore important for the Government to:

  • Promote fair, reasonable and sustainable economic and social development.
  • Give priority areas of interest essential to consumers' health, such as food, water and pharmaceuticals.
  • Adopt food safety measures, effective monitoring, inspection and evaluation mechanisms.
  • Improve the quality and appropriate use of pharmaceuticals through integrated national drug policies.

• The right to Safety. From a trade and industry perspective, consumers should be protected against production processes, products and services that are dangerous to health or life.

  This means that the Government, business and civil society must ensure:

  • Safety and quality standards for goods and services.
  • Facilities for testing and certification for safety, quality and performance of essential consumer goods and services.
  • Those policies are put in place for manufacturers to recall, replace, modify, substitute or compensate for defective or dangerous products.

• The right to Information. Consumers must be provided with the facts needed to make informed choices and to be protected against dishonest or misleading advertising and labelling.

  There is thus a need for Government and business to:

  • Provide information to consumers on proper use and risks associated with consumer products.
  • Ensure the free flow of accurate information relating to consumer products.
  • Develop consumer information programmes.

• The right to Choice. Consumer should be able to choose from a range of products and services, offered at competitive prices with an assurance of satisfactory quality.

  Government and business need to ensure that:

  • There is control of abusive and restrictive business practices.
  • Goods meet reasonable demands for durability, utility, reliability and are fit for their purpose.
  • Reliable after-sales service and spare parts are available.

• The right to Representation. Consumers' interests should be represented in the making and execution of government policy, and in the development of products and services.

  It is therefore essential for Government to:

  • Facilitate the development of independent consumer groups.
  • Ensure that opportunities are provided for consumer groups to present views in decision-making processes.

• The right to Redress. Consumers must receive a fair settlement of just claims, including compensation for misrepresentation, or shabby goods or services.

  This means that Government, business and civil society need to:

• Set up fair, inexpensive and accessible avenues for redress.
• Resolve disputes in a fair, efficient and informal manner.
• Set up voluntary mechanisms such as advisory services and informal complaints procedures for consumers.

• The right to Consumer Education. Consumers need to acquire knowledge and skills needed to make informed and confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them.

  There is thus urgency for:

  • The introduction of consumer education in schools.
  • Education programmes to be initiated particularly for the low-income consumers.
  • Government to organise programmes for educators, mass media professionals and consumer advisers.
  • Business to undertake or participate in factual consumer education programmes.

• The right to a Healthy Environment. Consumers should live and work in an environment that is not threatening to the well-being of present and future generations.

  This means that Government and business must:

  • Adopt measures relating to use, production and storage of chemicals.
  • Include health environmental information in the labelling of chemicals.

Responsibilities
It is your responsibility as a consumer to acquire the information and knowledge to make informed decisions about products and services. It is therefore necessary to know and be aware of the following responsibilities:

• Solidarity
  As consumers you have the responsibility to organize together in order to develop the strength and influence to promote and protect your interests. You therefore need to drive the development of non-government and community based organizations dealing with consumer issues and to strengthen the existing ones.
  Do you belong to, or support any consumer group?

• Critical Awareness
  You have the responsibility to be more alert and questioning about the price, quality and safety of products and services you buy. Before making any decisions, it is necessary to obtain all the relevant information on products and services, you should also ask about terms and conditions of the contract. Many complaints could be avoided if you assumed this responsibility.
  Did you ask and understand the terms of your contract before buying?

• Action
  As a consumer you must bear in mind that as long as you remain passive, you will be or continue to be continued to be exploited. If you are not satisfied with the condition of the products or the services provided to you, speak to the right person so as fair deal. Don't be afraid to complain.
  Are you satisfied with the products you bought or the services that were rendered to you? If not what have you done?

• Social Concern
  Consumers have the responsibility to aware of the impact of their consumption on other citizens, especially disadvantaged and powerless groups. For example, consumers need to use available resources such as water responsibly, so that all communities have adequate access to such resources.
  Before taking any action, please think of how it will affect other consumer!

• Environment Awareness
  As a consumer you have the responsibility to understand the environmental results of products and services you buy and use. You should recognize your individual responsibility to conserve natural resources and to protect the earth for future generations.
  Be aware of products that could cause danger to the environment!
  

Consumer Protection Legislation

To accomplish its mission the CCRD Office administers the following consumer protection legislation in the areas of industry regulation, consumer credit and product standards:

Consumer Law Review

• The Alienation of Land Act, 1981(Act No 68 of 1981) stipulates the contents of any contract dealing with the acquisition and disposal of land.

• Competition Act, 1988(Act No. 89 of 1998)promotes and maintain competition so that consumers are provided competitive prices and product choices

• Consumer Affairs (Unfair Business Practices ) Act, 1988 (Act No. 71 of 1988 protects consumers by providing for the prohibition and control of certain business practices.

• Counterfeit Goods Act, 1997(Act No. 37 of 1997) introduces measures aimed against the trade in counterfeit goods, so as to protect consumers or owners/holders of trade marks and copyright against the unlawful application to goods and the release of goods into the channels of commerce.

• Estate Agency Affairs Act, 1976 (Act No 112 of 1976) protects consumers who buy or sell property through estate agents.

• National Gambling Act, 2004 (Act No. 07 of 2004)
• More Information and Application Forms

• Gambling Act, 1996 (Act No. 33 of 1996) protects consumers against too much exposure to gambling.

• Housing Development Schemes for Retired Persons Act, 1988 (Act No 65 of 1988) protects the interests of consumers who acquire life rights in housing development schemes for retired persons.

• Liquor Act, 2003 (Act No. 59 of 2003)
• More Information & Application Forms
• Liquor Act, 1989 (Act No. 27 of 1989) protects consumers by creating a framework indicating where and when liquor can be sold.

• Merchandise Marks Act, 1941(Act No.17 of 1941) protects consumers against traders who purposefully mislead by packaging and marking differently, pretending to be the original.

• Property Time Sharing Control Act, 1983 (Act No 75 of 1983) regulates the acquisition and disposal of time-shares pursuant to property time-sharing schemes.

• Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977) protects consumers and holders of cinematograph films against persons who purposefully make false entry in registers, and false copies, knowing that they are false.

• Sale and Service Matters Act, 1964 (Act No 25 of 1964) regulates lay-by agreements, display and marking of goods. Also controls and prohibits sale of goods.

• Trade Metrology Act, 1973 (Act No 77 of 1973) protects consumers from misleading packaging with regard to weights and measurements.

• Trade Practices Act, 1976 (Act No. 76 of 1976) protects consumers against false or misleading advertisements.

• Government Gazette Usury Act 1968
  • Notice 117 of 2005
  • Notice 519 of 2005
  • Notice 520 of 2005