Although consumer protection is not a new concept in South African law, the Consumer Protection Act 68 of 2008 (CPA) now provides for a much more comprehensive and encompassing mechanism to protect consumers. Consumers are protected, not only in the provision of goods and services, the conclusion of contracts but also in the promotion and marketing thereof. The CPA further provides special protection to a particular type of consumer which is the vulnerable consumer and includes elderly consumers. Importantly, and for the first time in the history of South African law, the consumer is provided with eight core fundamental consumer rights. As this contribution is an attempt to provide an interdisciplinary analysis from a legal perspective, identification of what is considered to be an ‘elderly' consumer, needs to be assessed by referring to relevant empirical studies from both an international as well as South African perspective. The focus of this study is on the protection of the elderly as a category of vulnerable consumers in terms of the CPA. The investigation will attempt to show that the elderly is protected in terms of all eight of the fundamental consumer rights within the CPA. Special reference will be made to two fundamental rights of the consumer in terms of the CPA. First, the elderly consumer's right to equality in the consumer market (Part A of the CPA) which provides additional protection as the CPA also refers to the Constitutional right to equality. Second, the elderly consumer's the right to fair and responsible marketing (Part E of the CPA) which in terms of the research is compared with the EU Unfair Commercial Practices Directive. Certain problems regarding elderly consumers are identified and the importance of consumer rights as well as the implementation of the correct consumer policy is argued.
Time was when a man could be a most efficient individual in his business or profession, in his church relationships, in all matters of. personal concern, and at the same time be utterly inefficient or even conscienceless as a member of the body politic. Religion and politics were not tao be mixed, nor were religion and business.But politics might become the handmaiden of business-especially big business! Democracy seemed to be breaking down, and most noticeably in our cities. Our reforms were spasms: our relapses were recoveries-returns to the normal order of things.But this epoch, we believe, is slowly passing. The younger generation are learning to think straight and true in public matters, whether of city, state, or nation. They really want to be good citizens, and they are coming to see that &dquo;the test of good citizenship lies in the existence of an intelligent, continuing interest in the questions of good .... government.&dquo; We are all learning that the supremest effort must be made to &dquo;combine efficiency with our popular sovereignty.&dquo;The press, the pulpit, women's clubs, civic associations, and finally the colleges,-all these and others have helped to start what promises to be a veritable tidal wave of civic interest and enlightenment. Have the schools been doing their part in this training for civic efficiency? If not, are they awake to the fact and laying plans for the future? The first question is easily answered, and with an emphatic negative which has no need of proof. The second query is as readily met, and with an affirmative the proof of which it is the purpose of this brief article to present.Since any education which has the remotest bearing on life is an indirect preparation for the performance of civic duties, it is obvious that only direct preparation for the meeting of civic obligations is here to be considered.Formal instruction in civics seems to have come into our schools at UNIV ALABAMA LIBRARY/SERIALS on March 29, 2015 ann.sagepub.com Downloaded from
This contribution considers the enforcement and effectiveness of South African consumer law. It first sets out the legal and policy framework, including the most important legislation and strategic plans of some institutions tasked with enforcement. Thereafter specialist enforcement agencies are considered, including the National Consumer Commission and Financial Services Board. Experience with enforcement by these bodies, including statistics on complaints handling are discussed. Provincial consumer protection bodies are considered next, including the conundrum of whether provincial legislation, as opposed to national legislation, can grant judgments of the provincial consumer courts the same effect as that of the ordinary courts. The discussion of alternative dispute resolution focuses particularly on the various ombuds accredited under the Consumer Protection Act, 68 of 2008, as well as ombuds in the financial services sector. Statistics on their complaints handling are also supplied. Thereafter enforcement by the courts are discussed, including the problematic view of the National Consumer Tribunal that only the ordinary courts may decide on "contractual disputes", as well as the unconstitutionality of s 69 which does not allow consumers to immediately access the accessible small claims courts. After discussing collective redress actions, it is noted that consumer organisations have played a limited role in the enforcement of consumer law thus far. Private regulation through voluntary sectoral codes of conduct is considered, and thereafter sanctions for violations of consumer law. External relations and cooperation of the State, enforcers and consumer organisations are addressed before conclusions are drawn as to the effectiveness of the enforcement mechanisms. 1. Principal legal and policy framework 1.1. Legislation and common law South Africa does not have one unified law on consumer protection. The broadest legislation is the Consumer Protection Act ("CPA"), which came into force in 2011. 1 This Act recognises 10 consumer rights, 2 which echo those recognised in the UN Guidelines for Consumer Protection and by Consumers
This case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to stop their farming operations because of ill health. The attorney whom they approached for assistance offered to lease the farm, equipment and animals from them in his personal capacity, although in his professional capacity he also drafted the contracts of lease. It later transpired that the attorney used his position to mislead the couple as regards the contracts in question and that he was guilty of unethical and unprofessional conduct. The couple applied to court to have the leases declared void, alternatively cancelled, and to have the attorney evicted from the farm. The order was granted; however, the discussion seeks to demonstrate that the couple were afforded only minimal justice in that they did not claim, nor were they granted, any damages. The various possibilities open to them in the circumstances are examined and the conclusion is that ventilating the matter by way of application was probably not the best manner in which to have sought assistance.
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