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Page 1: NCC Newsletter [Issues June19]€¦ · :25' )520 7+( $&7,1* &200,66,21(5 0u (eudklp 0rkdphg uhwluhg dv &rpplvvlrqhu ri wkh 1dwlrqdo &rqvxphu &rpplvvlrq rq 0d\ +h hpedunhg rq d zhoo

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EDITORIAL

NCC ONLINE NEWSLETTERwww.thencc.gov.za

REPUBLISHINGPermission to republish articles contained in the NCC Newsletter may be obtained from the Head Advocacy, Education and Awareness Division. The

opinions expressed in the NCC Newsletter is not necessarily those of the Commisioner, his staff or the NCC authorities.

INDEMNITYContributions, photographs and other material sent to the NCC Newsletter for publication must be accompanied by a stamped and

self addressed envelope. Contributions are returned at the risk of the contributor. The NCC reserves the right to eff ect changes to any contribution.

COPYRIGHTCopyright Reserved 20192

Review

South Africa recently emerged from national and provincial elections which gave rise to changes in the executive as well as the confi guration of government. We are pleased to note that President Cyril Ramaphosa has appointed Honourable Minister Ebrahim Patel, Honourable Deputy Minister Nomalungelo Gina, and Honourable Deputy Minister Slovo Majola to head the Department of Trade and Industry. As team NCC we pledge our support to the executives and wish them well as they take up their reigns of leadership over the dti and its agencies.The NCC recently experienced its own leadership changes when former Commissioner, Mr Ebrahim Mohamed proceeded on retirement at the end of May. The Minister has appointed Deputy Commissioner Ms Thezi Mabuza to act as Commissioner until this position is fi lled. Ms Mabuza has hit the ground running in her new role and have provided necessary stability during the transitional period. Her experience of six years as Deputy Commissioner of the NCC, passion for advancing consumer rights, and intimate knowledge of consumer

protection, has put her in good stead for this task. Read up on the parting words of former Commissioner Mohamedin this edition.

Against the backdrop of June 16 Youth Day commemorations, the NCC in this edition raises awareness of the importance of engaging safely on social media platforms. We also provide some business guidance about online disclosure requirements, to ensure fair trading on online platforms. By partaking in the Africa Dialogue the NCC contributes to the strengthening of consumer protection in the SADC region and the African Continent as a whole. In this edition we share information about our involvement in this astute platform which took place this year in Zambia. World Consumer Rights Day is arguably the most important day in the lives of consumers worldwide. The NCC commemorated this momentous day in KwaZulu-Natal on 15 March. Read more about it and remember to share the newsletter with those close to you to spread the word on consumer protection.

As usual, we feature a comic strip to assist in understanding your consumer rights,as embodied in the Consumer Protection Act. Enjoy it.

the NCC in this edition raises awareness for the youth to engage safely

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5

Benefi ts of a Consumer Centric Business Approach

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2 Editorial

CONTENTS

4 Word from the Commissioner

5

8

9 A Guide to Online disclosures

Protect yourself when engaging on Social Media Platforms

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8

4

African Dialogue Celebrates its 10th Year of Existence11

Final Interview as Commissioner of the National Consumer Commission

Consumer Law Protects Consumers of Second Hand Vehicles

World Consumer Rights Day Commemorated

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WORD FROM THE ACTING COMMISSIONER

Mr Ebrahim Mohamed retired as Commissioner of the National Consumer Commission on 31 May 2019. He embarked on a well-deserved rest following a career spanning 17 yearsin consumer protection. Upon the establishment of the NCC in 2011 he was appointed as its fi rst Deputy Commissioner and later as the Commissioner. He leaves behind a legacy of good governance – an extraordinary and proud achievement which the NCC Executive Committee vow to carry forth. I was appointed by the Minister of Trade and Industry as Acting Commissioner until a new Commissioner is appointed. Through support from the NCC team I have had a seamless transition into this new role. The work of the NCC will continue without any interruptions.

The NCC celebrated World Consumer Rights Day in tandem with the rest of the world, on 15

March. Our overarching message for the occasion was: An empowered consumer can infl uence the nature of goods supplied in the market – #Do not buy illicit, non-compliant and poor quality goods. The key objective was to empower consumers to make wise purchasing choices, whilst also encouraging business compliance with regulations related to consumer protection, especially with regard to the supply of unsafe, poor quality and illicit goods.

We continue to engage with our counterparts, both in Africa and in the rest of the world with a view to stay abreast with developments across borders through sharing of information on consumer protection. The NCC was recently accepted as a partner member of the International

Consumer Protection and Enforcement Network (ICPEN). ICPEN is a network comprised of consumer protection authorities from over 60 countries that provides a forum aimed at encouraging cooperation with a view to have greater impact with consumer laws and regulations.

The NCC is busy giving eff ect to the recommendations of the Timeshare Inquiry Report. In majority of the complaints that were lodged in respect of timeshare, consumers wanted to cancel their in-perpetuity contracts. We are making good progress with this matter and will provide an update in the next edition. We continue to urge consumers to read and understand the fi ne print in any contract before appending their signatures.

Acting Commissioner: Thezi Mabuza

A new beginning dawned for the National Consumer Commission when now retired Commissioner, Ebrahim Mohamed handed over the leadership baton, upon his retirement.

Mohamed was the longest serving Commissioner of the NCC and has vast experience in consumer protection law. He agreed to share some words of wisdom and experiences gained whilst serving as Commissioner.

What were your achievements during your tenure as Commissioner?

My fi rst challenge when I assumed offi ce as Commissioner was to create a unifi ed organisation and a shared vision for the Commission. The culture that I envisioned was of inclusive leadership premised on doing what was in the best interest of the organisation. I revised the strategy of the Commission and facilitated the accreditation of two Ombud offi ces i.e. Motor Industry Organisation of South Africa and the Consumer Goods and Services Ombud Offi ce which later took on the mediation function between consumers and suppliers. I wanted to place the organisation on the map so stakeholder relationships were key both nationally and internationally. As a fairly new organisation, we sought to establish new relationships and to resuscitate old relationships within SADC and the rest of the world. I leave behind a legacy of openness, trust and having established systems and processes for good governance within the NCC. The Commission got a clean audit during the 2017/18 fi nancial year.

What were your biggest lessons learnt as Commissioner of the NCC?

The biggest lesson for me was that an organisation is as good as its calibre of staff . If you want to achieve results, seek to recruit the best talent because one cannot lead the organisation alone. Treat human beings with respect and build a trust relationship with them and together you will achieve. I have learnt that there is a solution to every problem and dialogue is a powerful tool to resolve issues. Transparency, honesty, accountability and treating public funds as sacrosanct is a valuable characteristic for leadership and that one should achieve his mandate in a fair, just and humane manner.

How would you like to be remembered by those left behind at the Commission?

I would like to be remembered as a Commissioner who was fair, who listened to other people’s views and who employed a positive and conciliatory approach to leadership. A leader who took ownership for his decisions and the work that needed to be done and who was also fi rm on service delivery for our country.

What words of wisdom would you like to share with your successor?

The Commission does a lot of work that benefi ts South Africans and unfortunately not a lot of people know the kind of impact

the work of the Commission has in their daily lives. I would like to advise my successor to be out there and be visible and to tell the people about the kind of work that the Commission does. I would like them to know that funding will be limited and that they should spend wisely and harness relationships with other stakeholders to ensure return on investment.

What are you most looking forward to as you retire?

What I am most looking forward to is reconnecting with my family and friends, especially my wife Suraya. I cannot wait to spend time with my grandchildren. I love reading and would be doing a lot of that again. I am looking forward to the long walks by the seaside and just being outdoors. I want to go back to being involved in civil society and assist in improving the lives of others. I see myself still continuing to be useful and sharing the knowledge and experience that I have acquired during my time as Commissioner wherever I am needed.

What most people do not know about Commissioner Mohamed is that he is a free spirit and enjoys having fun. A lot of people in the Commission attest to his generous nature, his jokes and love of laughter. Commissioner Mohamed is young at heart and lives his life to the fullest. The Commission thanks Mr Mohamed for his leadership and wish him well for the future.

Final Interview as Commissioner of the National Consumer Commission

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Consumer protection champions join forces to commemorate

World Consumer Rights Day

very year, on the 15th of March, World Consumer Rights Day (WCRD) is commemorated across the globe. This

year, partner institutions of the Consumer Protection Forum (CPF), descended on Durban and joined forces to carry out a number of activities aimed at raising awareness of consumer rights and enforcing compliance by suppliers. The forum constitutes of the National Consumer Commission, the provincial consumer protection offi ces and regulators such as the Council for Medical Aid Schemes, the Financial Sector Conduct Authority, the National Credit Regulator, the National Regulator for Compulsory Standards and the Independent Communications Authority of South Africa.

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The theme adopted for the week was “Fighting Consumer Exploitation”, which was derived from the need to raise consumer awareness around concerns that were identifi ed through analyses of trends in consumer complaints. The “fake foods” debacle which hit SA in July 2018 was also identifi ed as an area that needed attention following the consumer-led riots that took place in areas such as Soweto. The aim this year was for CPF members to work together towards a common goal of ensuring that consumer rights are respected. As CPF members, we were motivated by the understanding that we all are pieces to one big puzzle which is designed to protect consumers from exploitation arising from all forms of business transactions.

The campaign was rolled out and launched during the commemoration period, focusing on education, awareness and enforcement mechanisms targeting both consumers and business. A variety of activities were lined up for the week to empower consumers to make wise purchasing decisions. Consumer-

centred contact sessions and exhibitions were conducted in townships around the eThekwini Municipality (i.e. Umlazi, KwaMashu and Hammersdale). In addition, radio advertisements in all nine languages were fl ighted throughout the week building up to the Day, while media publicity messages were shared with members of the media. Inspections on illicit goods trading were conducted in Durban central business district by the CPF members.

The highlight of World Consumer Rights Day was a multi-stakeholder walk through Durban CBD in which members peacefully demonstrated with placards calling for increased supplier compliance, while others appealed for consumers to be conscious of their rights to redress when they transact in South Africa. The walk saw all members of the Consumer Protection Forum joined by consumers from Umlazi, KwaMashu and Hammersdale walking through, Dr Pixley Kaseme, one of the busiest streets in Durban CBD to

the Workshop Shopping Mall where the exhibition was hosted to provide information to shoppers and workers that visited the mall. The surroundings were well branded with all various CPF members, EThekwini Municipality and its stakeholders.

Later in a day the NCC Deputy Commissioner Ms Thezi Mabuza chaired a formal stakeholder panel discussion with the theme: “A Collaborative and Effi cient Consumer Protection System”. The panel discussion came up with several suggestions on strategies to deliver effi cient services to consumers and it also addressed the stumbling blocks which render the consumer protection fraternity less eff ective in SA.

All in all, this year’s WRCD was a worthwhile event that saw the role-players in the space of consumer protection joining forces and speaking in one voice to advocate for an end to consumer exploitation.

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Bene ts of a

During the stakeholder panel discussion which took place as part of commemorating World Consumer Rights Day Ms Palesa Phili, the CEO of the Durban Chamber of Commerce and Industry shared insightful thoughts about the benefi ts of a consumer centric business approach. The Durban Chamber of Commerce and Industry is the voice of organised business in the eThekwini region. In her opening remarks Ms Phili acknowledged that too often consumers have a negative experience in respect of their interaction with businesses and this leaves them dissatisfi ed and unhappy.

According to Phili, this is because business tends to focus mainly on their bottom line– i.e. productivity and success of the business, instead of looking at the value of service and customer satisfaction which will lead to customers being loyal

to brands. Business has generally forgotten about the importance of observing and enforcing consumer rights and the true meaning of “your customer comes fi rst.”

She advises business to shift the paradigm towards a consumer centric approach. She sees a consumer centric approach as one where business looks at its success from the perspective of its customers. For business, meeting sales targets and growing market share is important, but customer satisfaction and retention whereby you create a loyal customers base, is even more critical, she said. A customer-centric approach is not just about delivering high-quality products and services and excellent customer service but it is also about creating real relationships and a

Consumer Centric Business Approach

great experience with your customers before during and after a sale in order to drive repeat business, loyalty and profi ts. She committed that the Durban Chamber hopes to change this and ensure that the “voice of consumers”, which is as powerful as governmentand businesses they interact with, is heard.

To adopt a customer centric approach Phili provides the following guide which she says will ensure that customers have a uniform experience throughout every interaction with your organisation:

make customer satisfaction a part of your values and mission so that there is a common understanding and expectation within your business.create awareness within your organisation not only through policy and procedures but through internal marketing and branding.

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Know your rights and

keep yourself informed

hire the right people and treat them well; do not be afraid to fi re people who are not aligned to your new core values and make it part of the employee and company performance management process and reward or incentivise.empower your employees to ensure customer satisfaction and ensure that everyone is involved with customers and values the interaction.

What are the benefi ts of a customer centric approach for business?

A customer-centric approach can allow companies to recognise and take advantage of opportunities for growth, such as unfulfi lled customer needs and wants.Identify what customers like and don’t like in order to create and tailor your products and services to better fulfi l your customer’s needs. Create a unique, high-quality buying experience (from awareness to after sales), you can position your company for success as customers have proven to you.Gain new customers or purchases by taking them away from your competitors. This can ensure long-term market share and profi t growth.

In addition Phili urged business to respect customers and to ensure compliance not only with South Africa’s legislation and regulation but to have the customer foremost in its plan and strategy. Her last words to consumers were: “Know your rights and keep yourself informed and updated on all consumer-related issues. Exercise your rights by utilising mechanisms available such as a complaints departments or the National Consumer Commission (NCC).

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yourself when engaging on Social Media Platforms

s young people we spend a lot of time online connecting with friends and family, downloading Apps, sharing what we are

doing and where we are etcetera. We share photos and videos on-the-go all the time, and in so doing build online profi les and reputation. Regrettably, what we often tend to overlook is the safekeeping of our personal information, as we go about sharing information.

Before you post a message, photo or download a game, ask yourself these very important questions: Do I know who I am dealing with, and do I trust the source of my download?

Get other people’s approval before you share photos and videos they feature in, or locations they are tagged on. Posting of such material or information could compromise their safety.

Once you post something online, chances are high that you won’t be able to completely remove it if you decide to delete the post on your side. It might have already been saved by someone or shared with other people you don’t even know.

There are Apps that can make it easy for strangers to fi nd out where you are. Ensure that you understand the features of Apps and use them with cautiousness. If you don’t want to broadcast where you are then consider deactivating your location on your smartphone.

Your Identity Number or fi nancial information such as a bank account and pin number, or a credit card number. Never share such information with strangers orfriends online.Do not reply to messages that ask for personal information, such as passwords.Do not stay permanently logged-in to online accounts. Log-out when you are done using them.Be unique when formulating a password and use diff erent passwords for diff erent online accounts.Do not use names, dates, phone numbers or where you go to school. The longer your password the harder it is to fi gure out. Use a pass-phrase instead of a password. Keep your password private and do not share it with anyone, including your best friends, boyfriend and girlfriend.

Remember, some information should stay private. For example:

A

Online actions can have dire consequences so please think before you post something.

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disclosuresA Guide to Online

he 4th-industrial revolution is upon us and we are observing a growing trend

in transactions conducted online because of the convenience the internet brings. Access to redress while transacting on line however comes with some challenges. There has been a steady increase in complaints related to online transactions from consumers. During the fi rst quarter of 2019 the Consumer Goods and Services Ombud Offi ces (CGSO) has recorded 6% of the 2 191 complaints they received as complaints relating to online purchases.

The National Consumer Commission together with the 9 provincial Consumer Authorities have adopted Online transactions as one of the focus areas for the current fi nancial year to respond to the growing need to educate consumers on the developments in this space.The Commission will also be providing monitoring and guidance to business to ensure compliance with the disclosures requirements whilst undertaking business online.

This business guide is based on international best practice using guidelines from the Organisation of Economic Cooperation and Development (OECD), local legislation like the Electronic Communications Act 25 of 2002 and the Consumer Protection Act 68 of 2008. It is designed to ensure that consumers are protected and businesses that sell products online have an obligation to ensure that the following principles are observed.

a) Information in plain and understandable language,Plain and simple information is crucial in ensuring that consumers can make informed decisions when shopping online. If more than one language is available to conduct a transaction,

business should make available in those language all information necessary for consumers to make an informed decision regarding a transaction.

b) No Misleading Information Suppliers should refrain from directly or indirectly providing misleading information about a material fact of the product to a consumer in relation to amongst other things; the quality, standard, ingredients, performance etc.

c) Accurate pricingAccurate pricing is important so that consumers know upfront what price they are going to pay or what is the total price of the contract they are getting into. The diff erent payment options must be disclosed upfront to allow consumers to understand the cost implications of each option.

d) Not relying on terms and conditions to convey important informationMaterial and key information should not be buried in terms and conditions that consumers seldom read. Such information should be presented in a plain and understandable language upfront, not after the contract has been concluded. This will assist consumers to have a look and feel of the product and check its compatibility with other products.

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e) Express consumer consentBusinesses must obtain consumer’s express consent before charging for goods or services purchased online. They must not rely only on pre-checked boxes as this is not a meaningful way to get consumer consent. This is based on the fact that often consumers will leave the pre-checked boxes checked without necessarily applying their minds on the implications thereof. The same would apply to negative option marketing where a consumer has to decline an off er to supply goods or services failing which the supplier would view such failure as consent for the supply of the goods or services. In terms of Section 31(2) such an off er is void.

Similarly, automatic renewal of contracts is unfair, unlawful and against the spirit of the CPA. However, suppliers are allowed to maintain the new contract on a month to month basis should the consumer fail to indicate in writing whether to renew or cancel the contract at the end of the contract term (Sect 14(2) (d). In the same token, business has an obligation to inform the consumer no less than 40 days prior to the impending end of the contract, as well as about the new terms or options should the consumer hope to maintain the same contract.

f) Timing of information i.e. sending the right information at the right timeIn most cases businesses provide information to consumers before a purchase is made, but in the case where a consumer has an ongoing contract with a provider, timely reminders are more eff ective than relying on information that was provided before the contract was signed. E.g. when a contract is coming to an end, the new pricing options and terms and conditions, new packages off ered etc., need to be communicated timeously to allow the consumer to make an informed decision.

g) Return and Refund policies Businesses must provide consumers with their return and refund policy up front. These policies need to be in simple and understandable, conspicuous and easily accessible. The CPA in Section 55(2)

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requires that goods supplied must be suitable for purpose, of good quality, in good working order and free from defects. Should the goods be faulty with six months after delivery to a consumer, the consumer may return the goods back to the supplier, without a penalty, at the supplier’s risk and expense and demand that the supplier must at the discretion of the consumer, either to:

Replace the faulty goodsRepair, or Refund the price paid for the goods.

h) Information about the Business Business engaged in online marketing with consumers should make readily available information about themselves that is suffi cient to allow, at a minimum:

Full Name and Legal StatusIn the case of a Legal person, its registered number, names of offi ce bearers, and place of registration;Business contact details (telephone or fax numbers, email address, website or other electronic means of contact);

Physical Address where the supplier will receive legal service of documents;Membership of any self-regulatory body, accreditation; the business should provide contact information for such body;

i) Information about the transaction Businesses must provide the consumer with a clear full statement of the transaction i.e. price, optional charges imposed, costs imposed by third parties, contract terms and conditions, method of payment, ways to opt out, terms of delivery etc.) Business must also disclose upfront information relating to all the related charges attached, including

Customs duties (International transactions)Clearance chargesPostage costs etc.

Any code of conduct of such a body to which the supplier subscribes, and how that code of conduct can be accessed by the consumer;

Consumer Law Protects Consumers of Second Hand Vehicles

The NCC has noticed with concern, a growing trend within the second hand motor vehicle industry where consumers are expected to sign an agreement where the supplier opts out of its statutory obligations, by off ering a 30-day warranty which is contrary to the 6-months warranty off ered by Section 56 and 57 of the CPA. Such a practices deprives consumers of their rights to return a faulty vehicle and demand either a repair, replacement or refund. In addition, the NCC has also noticed a disturbing practice where instead of fi xing a defect at supplier’s expense, motor dealerships tend to claim from a consumer’s mechanical breakdown insurance to avoid making good on their statutory obligations.

In a case recently heard by the National Consumer Tribunal, Case No NCT/118350/73(2) (b), the NCC was able to enter into a settlement agreement on behalf of a consumer against motor dealership, Citton Cars. The consumer was engaged in a protracted battle with Citton cars for over 10 months, over a faulty second hand vehicle, a bakkie which was sold unto her.

Her troubles started on 7 May 2015 when Ms M De Witt (the complainant) bought and took delivery of a second hand 2011 GWM Steed 5 2.5 TDCI vehicle from Citton Cars. A day after she took delivery of the vehicle,

mechanical defects manifested on the car. The bakkie lost power, went into limp mode and had fl uid leakage. On the 9th of May, Ms De Witt returned the bakkie to Citton Cars and was advised to come back the following Monday, 11th of May because the workshop was closed. The bakkie remained at Citton Cars until the 15th of May when Ms De Witt collected the vehicle, after she was advised that it had been repaired. Sadly, this was the beginning of what seemed like a never ending story for her after the bakkie had to be taken in for further repairs on a weekly basis. This scenario played outover a period of 5 months until the vehicle stopped running completely on the 10thof September 2015, and was towed back to Citton Cars on the 10th of October,againfor repairs.

It was discovered then that the bakkie was fi rst purchased by a Mr Erasmus from GWM in Richards Bay. He experienced a number of problems with it and eventually sold it. The bakkie surfaced at Citton Cars where it was bought by another consumer, Mr van der Walt in 2013. Mr van der Walt also experienced similar problems with the bakkie which resulted in him selling it back to Citton Cars in 2015. Citton Cars was fully aware of the problems experienced by Mr van der Walt because they had lodged claims on his Motorite insurance policy to repair the bakkie. Citton Cars had relied on a clause in their Off er to Purchase which states that they [Citton Cars] only off er a 30-

day warranty on vehicles sold by them. Citton Cars disputed this fact during an NCC investigation but later admitted to it.

In February 2016,Ms De Witt realised that the bakkie’s problems were not ending. She then requested Citton Cars to take back the bakkie and to refund her, but the dealership refused to oblige on the basis that Ms De Witt had agreed to the clause which provides a warranty on the vehicle for a period of 30-days only. The provision of a 30-day warranty by a dealership is an attempt to avoid the statutory obligation provided in terms of Section 56(2) of the Consumer Protection Act, that require that a supplier at the election of the consumer,

either a repair or a replacement of the failed, unsafe or defective goods; orrefund to the consumer the price paid by the consumer, for the goods.

The inclusion of the 30-day warranty clause is an indication of an intention to:

Waive or deprive the Complainant of a right in terms of the CPA:Avoid Citton Car’s obligation or duty in terms of the CPA;Set aside or override the eff ect of the provisions of the CPA; orAuthorise Citton Cars not to do anything that is required in terms of the CPA;

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Clearly this is a violation of the consumer’s rights to implied warranty in terms of Section 51 (1) (b) of the CPA.

Citton Cars caused the Complainant to pay for repairs. However, after such repairs the defect was not remedied and further failures or defects manifested within three months of such repairs. In this regard, Citton Cars contravened Section 56 (3).

Citton Cars also contravened Section 56 (2) by:

Claiming from the Complainant’s insurance to eff ect repairs to a defect that manifested within six months from date of purchase of the Bakkie; and Failing to collect the Bakkie from the Complainant’s house and to refund the Complainant the purchase price paid for the Bakkie.

On completion of an investigation the NCC referred the matter to the National Consumer Tribunal for prosecution. Both the NCC and Citton Cars agreed to settle the matter amicably by signing a settlement agreement that which was endorsed by the Tribunal with the following terms:

Contravention of Sections 51(1) (b), 56(2) and 56(3) of the Consumer Protection Act (CPA) is declared as prohibited conduct;

The NCC is calling on second hand motor dealerships to refrain from conduct and practices that are contrary to the provisions of the Consumer Protection Act. Consumers with similar matters are encouraged to lodge complaints with the Motor Industry Ombudsman of South Africa (MIOSA) who has technical capabilities to assess mechanical-related complaints and who is empowered in terms of the CPA to mediation over matters of this kind. If for whatever reason mediation hasfailed then the matter can be escalated to the NCC for intervention.

Are you in a similar situation? A consumer must follow the following process to get optimal redress:

Keep the proof of payments/ contracts as proof of a transaction;In case of a fault on the vehicle, fi rst approach the supplier to lodge complaint;Keep record of all discussions with the supplier;

A supplier, when the matter is reported within the 6 months’ warranty period must:

Collect the vehicle at own cost, e.g. tow in the vehicle;At the discretion of the consumer either replace, refund or repair the vehicle.

Contravention of Sections 51(1) (b), 56(2) and 56(3) of the Consumer Protection Act (CPA) is declared as prohibited conduct;Citton Cars to stop making consumers to sign Specifi c terms and Warranties that provides that its obligation relating to failed, unsafe or defective good is limited to 30 days after the date of purchase;Citton Cars to revise the document to align with the CPA and to provide a copy of the revised document to the NCC;Citton Cars refunded Ms M DE Witt an amount of R279 017.20Citton refunded to Motorite R35 000; andPaid an administrative penalty of R30 000.

South African delegation of consumer protection organisations

led by the National Consumer Commission, attended this year’s African Dialogue conference, along with twenty other African countries, in Livingstone Zambia. The conference which took place under the theme: “Celebrating a Decade of Growth for African Cross Border Consumer Protection Collaboration,” coincided with the tenth anniversary of the African Dialogue.

The African Dialogue is a cross-border network for African Regulators that promotes consumer protection enforcement cooperation, sharing of information and capacity building amongst consumer and competition

authorities. Through initiatives such as the dialogue, consumer authorities fi nd ways to engage with each other in eff orts to arrest consumer problems before they become a crisis.

At the conference the Dialogue acknowledged that in order to make meaningful impact there is a need for the inclusion of sector regulators, civil society, consumer groups and consumer protection agencies, as this will ensure that consumer welfare is attained.

The Dialogue confi rmed that fostering of consumer confi dence to take advantage of e-commerce is critical to the development of African economies. According to the Dialogue, business leaders, regulators,

and policy makers have the key task of striking a balance between protecting consumers whilst promoting competition and innovation.

Members agreed that developments in e-commerce, online trading and innovative digital technologies have resulted in countries no longer having trading borders, which explains why everyone seemed to experience similar complaint trends. The NCC on behalf of South Africa committed to share its complaint trends with its African country counterparts.

The Dialogue concurred that implementing of joint plans for projects on consumer education and business guidance focusing on issues like online disclosures and sharing of complaints trends will help to deter unfair and deceptive practices, and further enhance cooperation on consumer protection enforcement.

The South African delegation included the National Consumer Tribunal, National Credit Regulator as well as the Consumer Goods and Services Ombudsman offi ce.

A

Citton Cars to stop making consumers to sign Specifi c terms and Warranties that provides that its obligation relating to failed, unsafe or defective good is limited to 30 days after the date of purchase;

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Province Telephone Website E-mail address

Eastern Cape (043) 605 7057 / (040) 498 3050 www.dedea.gov.za [email protected]

Gauteng (011) 355- 8006 www.ecodev.gov.za [email protected]

Mpumalanga (013) 766 -4952 www.mpg.gov.za [email protected]

Limpopo 082 802 4171 www.lededt.gov.za fi [email protected]

North West (018) 387 -7872 /083 409 -3804 www.nwpg.gov.za [email protected]

Free State (051) 400 -9611 www.detea.fs.gov.za [email protected]

KwaZulu-Natal (033) 264 -2716 / (033) 264 -2824 www.kznded.gov.za [email protected]

Northern Cape (053) 831 -5562 www.ncpg.gov.za [email protected]

Western Cape (021) 483 -5133 www.westerncape.gov.za [email protected]

Provincial of ces of the consumer protector

Dispute resolution agents / accredited ombud bodiesProvince Telephone Website E-mail address

Ombud Telephone fax E-mail address

Motor Industry Ombud of South Africa (MIOSA) 0861 164 672 0861MIOSA 0866 630 141 [email protected]

Consumer Goods and Services Ombudsman (CGSO) 0860 000 272 0862 061 999 [email protected]

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Publication:

National Consumer CommissionTel: 012 428 7000

Compiled by:The NCC Advocacy, Education and Awareness Division Team

Editorial Team:Phumeza Mlungu Bulelwa HewuNokuphiwa Ngxola

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