Please Call Me: Makate v Vodacom and the Authority to Contract on Behalf of a 3rd Party
The recent ‘Please Call Me’ judgment, in finding Vodacom liable to Makate (the former employee responsible for the innovation), has produced a number of interesting legal precedents. One of the arguments advanced by Vodacom in defence of the claim was that there was no valid contract that was binding on Vodacom. This was because the more...
Online Promotional Competitions
This article is about promotional competitions, which are widely used as a form of marketing for goods and services. I do not intend to discuss the church raffle, the national sea rescue draw, or other fund-raising initiatives for non-profit organisations. What is a promotional competition? Promotional competitions are regulated by the Consumer Protection Act 68 more...
Notice by SMS: the Law.
We have all received SMSes from businesses offering their services to us. Often when these messages are unsolicited we consider them to be spam and block the number, or even complain to WASPA or perhaps the DMASA about them. But if we are in a commercial relationship with one of these businesses, can they use more...
The Consumer Protection Act and Reconditioned Goods
The Consumer Protection Act (“the Act”) has forever changed the way suppliers (as defined in the Act) interact with their customers. The Act’s implications are felt even in the second hand goods market where the goods have been reconditioned or worked on by the supplier. The Act stipulates that when a supplier who sells or more...
E-commerce and Debit Orders
Every day existing retailers and new business ventures enter the E-commerce market in South Africa. While suppliers address delivery and logistical challenges, a major issue facing these suppliers is the array of choices they are faced with when it comes to payment methods. In this article we will discuss debit orders and the legalities related more...
The impact of the Consumer Protection Act on voetstoots clauses
Due to a purchaser’s duty to inspect the property before concluding a sale agreement a voetstoots clause protects a seller from liability for patent defects. The seller will not be liable for latent defects where he or she was unaware of the defects at the time of the conclusion of the sale. Where the seller more...
Labelling Packaged Food in South Africa
There are several sources of labelling law in South Africa including the Consumer Protection Act, Foodstuffs, Cosmetics and Disinfectants Act and the Codex Alimentarius which is an aggregate of internationally recognized standards, codes of practice, guidelines and other recommendations relating to foods, food production and food safety. To satisfy the minimum labelling requirements for packaged more...
Fixed-term contracts under the Consumer Protection Act – expiry and renewal
Fixed-term contracts are contracts of a definite duration as envisaged in the Consumer Protection Act (the Act). Section 14 of the Act is concerned with the expiry and renewal of fixed-term agreements and specifies that the section does not apply to agreements entered into between juristic persons, regardless of their turnover or asset value. Juristic more...
Genetically modified (“GM”) food labelling – a proposed amendment to the Consumer Protection Act regulations
It has long been argued by large food producing companies that the labelling laws in this country are uncertain. This argument has often resulted in many of these companies refusing to label food with the relevant GM ingredients. However, consumer groups say that the correct interpretation of the Consumer Protection Act is that all food more...
Franchises and the Consumer Protection Act, No 68 of 2008 (the “CPA”)
With the popularity of franchises on the increase, it is no surprise that a legal regulation framework has been developed. The CPA’s effects on the franchise industry in South Africa are far reaching as it provides that the established threshold, which determines whether or not a transaction will fall within the scope and ambit of more...
A Summary of the Consumer Protection Act No. 68 of 2008
Dingley Attorneys provides a high level overview of the Consumer Protection Act The Act and the Regulations came into operation on 1 April 2011. Overview The main topics covered in the Act are: Consumers will be guaranteed equal access to markets Consumers’ privacy will be protected Consumers will have a right to choose suppliers Right more...
Can Credit Providers increase their Customer’s Credit limits unilaterally?
Have you received a letter advising you that the credit limit on your credit card has been increased due to good management of your facility? The National Credit Act, 34 of 2005 (“the Act”) regulates what credit providers can do in this regard. DefinitionsTo understand the application of the Act, it is important to understand more...