Consumer Protection Act, 2008

The Consumer Protection Act is South Africa’s key law that protects consumers from unfair, misleading, and unsafe business practices. It ensures clear pricing, honest marketing, safe products, fair contracts, and proper complaint handling. The regulations and notices under the Act provide detailed rules for product labelling, recalls, direct marketing, trade descriptions, and juristic-person thresholds—helping businesses stay compliant and ensuring consumers are informed and protected.

Consumer Protection Act, 2008 (Act 68 of 2008)

DEPARTMENT DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION REGULATION NAME REGULATION 4 – CONSUMER PROTECTION ACT NO. AND DATE 29 April 2009, PUBLISHED IN GOVERNMENT GAZETTE NO. 32186 SUMMARY The Consumer Protection Act establishes a comprehensive legal framework to promote and protect the rights of consumers in South Africa. It covers fair and honest marketing, product safety, fair value, good quality goods and services, transparent pricing, disclosure of information, and mechanisms for dispute resolution between consumers and suppliers.

OFFICIAL DOCUMENT

SAFLII version

Consolidated vers

REGULATIONS

Mandatory Labelling Rules for Goods Lists goods that must carry compliant trade descriptions to ensure consumers receive accurate information about contents, quantity, origin, quality, and materials. ViEW Regulation

Mandatory Labelling for Genetically Modified Goods Requires suppliers to apply accurate trade descriptions for goods containing genetically modified organisms (GMOs), ensuring consumers receive clear information about GMO content, composition, and product origin. View Regulation

Rules for Consumer Rights & Supplier Obligations Provides the core rules for applying the Consumer Protection Act, including requirements for pricing, labelling, marketing, cooling-off periods, franchise conduct, complaint handling, and product recalls. View Regulation

Consumer Protection Act Regulations, 2011 Regulations issued under section 120 of the CPA covering pricing, labelling, direct marketing, cooling-off periods, promotional competitions, franchise agreements, and complaint procedures. ViEW Regulation

DRAFT REGULTATIONS

New Protections Against Unwanted Marketing Proposes stronger protections against unwanted marketing by requiring opt-outs, regulating contact methods, and introducing penalties for non-compliance. View Draft Regulation

NOTICES

Pricing, Display & Labelling Notice Clarifies how prices must be displayed and communicated and prohibits misleading or deceptive price displays. ViEW Notice

Promotional Competitions Notices Government notices defining maximum fines and penalties for non-compliance with the CPA. ViEW Notice

CPA Applicability Limits for Businesses Sets the financial threshold for which businesses (juristic persons like companies, trusts, close corporations) are covered by the CPA. ViEW Notice

Removal of Previously Issued NCC Guidelines Withdrawal Notice of Enforcement Guidelines (2012) – Removal of Previously Issued NCC Guidelines ViEW Notice

Administrative Fines & Penalty Notices Government notices defining maximum fines and penalties for non-compliance with the CPA. ViEW Notice

GUIDELINES

Consumer Product Safety Recall Guidelines Guidelines for the mandatory re call of unsafe or defective products, including reporting requirements and consumer communication ViEW Guideline

Procedures for Removing Unsafe Products from the Market A non-binding guideline issued by the National Consumer Commission. ViEW Guideline

EXEMPTIONS

Special CPA Rules for the Banking Sector Exempts banks from certain CPA rules on fixed-term contracts and renewals because financial agreements are governed under separate banking legislation. View Exemption

Rules for Consumer Rights & Supplier Obligations

DEPARTMENT DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION REGULATION NAME CONSUMER PROTECTION ACT REGULATIONS NO. AND DATE 293 – 1 APRIL 2011, PUBLISHED IN GOVERNMENT GAZETTE NO. 34180 SUMMARY Pricing and display requirements Product labelling and disclosures Cooling-off periods for direct marketing Franchise agreement rules Complaint and dispute procedures Product recall responsibilities Consumer rights enforcement mechanisms View Document

bACK TO LEGISLATION

Mandatory Labelling For Genetically Modified Goods

DEPARTMENT DEPARTMENT OF TRADE, INDUSTRY & COMPETITION (DTIC) REGULATION NAME REGULATIONS RELATING TO THE LABELLING OF GENETICALLY MODIFIED ORGANISMS NO. AND DATE R 293 – 7 OCTOBER 2011, GOVERNMENT GAZETTE NO. 34753 SUMMARY Pricing and display requirements GMO content levels Composition and ingredients Production methods Origin and classification of genetically modified materials Compliance with food safety and biotechnology disclosure standards View Document bACK TO LEGISLATION

Promotional Competitions Notices

DEPARTMENT Department of Trade, Industry & Competition (DTIC) REGULATION NAME Promotional Competitions — Rules under CPA Regulations NO. AND DATE R 293, Gazette No. 34180, 1 April 2011 SUMMARY Participation must not require more than “reasonable cost” Participants must not pay for entry Winners must be legitimately drawn — it is unlawful to claim someone has won if a draw hasn’t occurred. Competition rules must be documented, made available to participants (free upon request), and retained for at least 3 years. The promoter must keep full records (competitor data, draw certificate by independent auditor/attorney/advocate, list of prizes, dates, marketing materials) to allow for audit and compliance checks. View Document bACK TO LEGISLATION

CPA Applicability Limits For Businesses

DEPARTMENT DEPARTMENT OF TRADE, INDUSTRY & COMPETITION REGULATION NAME DETERMINATION OF MONETARY THRESHOLD FOR JURISTIC PERSONS NO. AND DATE NOTICE GN 294, GOVERNMENT GAZETTE NO. 34181, 1 APRIL 2011 SUMMARY Establishes a specific turnover/asset value limit Determines which business-to-business transactions fall under the CPA Protects smaller juristic persons similar to individual consumers View Document bACK TO LEGISLATION

Special CPA Rules for the Banking Sector

DEPARTMENT DEPARTMENT OF TRADE, INDUSTRY & COMPETITION REGULATION NAME EXEMPTION FOR BANKS FROM SECTION 14 NO. AND DATE NOTICE GN 532, GOVERNMENT GAZETTE NO. 34399, 27 JUNE 2011 SUMMARY Fixed-term agreements Contract renewals Notice periods Cancellation rights View Document bACK TO LEGISLATION

Procedures for Removing Unsafe Products form the Market

DEPARTMENT NATIONAL CONSUMER COMMISSION (NCC) REGULATION NAME CONSUMER PRODUCT SAFETY RECALL GUIDELINES NO. AND DATE NOTICE 490, GOVERNMENT GAZETTE NO. 35434, 13 JUNE 2012 SUMMARY When a recall must be initiated Notification requirements Reporting duties to the NCC Communication with consumers Corrective actions businesses must take Public safety obligations View Document bACK TO LEGISLATION

Removal of Previously Issued NCC Guidelines

DEPARTMENT DEPARTMENT OF TRADE, INDUSTRY & COMPETITION (DTIC) REGULATION NAME WITHDRAWAL OF CONSUMER COMMISSION ENFORCEMENT GUIDELINES NO. AND DATE NOTICE 486 – 1 JUNE 2012, GOVERNMENT GAZETTE NO. 35434 SUMMARY The earlier guidelines are no longer valid They cannot be used for interpreting CPA enforcement requirements Businesses and regulators must rely on the Act, the Regulations, and updated NCC directives instead View Document bACK TO LEGISLATION

Mandatory Labelling Rules For Good

DEPARTMENT NATIONAL CONSUMER COMMISSION (NCC) REGULATION NAME CATEGORIES OF GOODS FOR TRADE DESCRIPTIONS NO. AND DATE NOTICE GN 825, GOVERNMENT GAZETTE NO. 36968, 25 OCTOBER 2013 SUMMARY Material content Weight, measurements and quantities Country of origin Ingredients or materials used Manufacturing processes Quality claims and certifications View Document bACK TO LEGISLATION

New Protections Against Unwanted Marketing

DEPARTMENT NATIONAL CONSUMER COMMISSION (NCC) REGULATION NAME Regulation 4 – DIRECT MARKETING (DRAFT AMENDMENTS) NO. AND DATE : PUBLISHED FOR PUBLIC COMMENT ON 28 OCTOBER 2024 SUMMARY Allow consumers to block unwanted direct marketing Require clear opt-out mechanisms Regulate how businesses may contact consumers Introduce penalties for unlawful direct marketing Improve transparency in consumer data usage View Document bACK TO LEGISLATION

Consumer Protection Act Regulations, 2011

DEPARTMENT Department of Trade, Industry & Competition (DTIC) REGULATION NAME Consumer Protection Act Regulations NO. AND DATE R 293 – 1 April 2011, Government Gazette No. 34180 SUMMARY Pricing and how prices must be displayed or communicated Product labelling and accurate trade descriptions Direct-marketing conduct and cooling-off periods for marketing contracts Rules for promotional competitions and franchise agreements Complaint-handling and dispute-resolution procedures Obligations for product recalls and safety compliance Supplier obligations and consumer rights enforcement mechanisms View Document bACK TO LEGISLATION

Pricing, Display & Labelling Notice

DEPARTMENT Department of Trade, Industry & Competition (DTIC) REGULATION NAME Consumer Protection Act Regulations NO. AND DATE R 293 – 1 April 2011 Government Gazette No. 34180 SUMMARY Pricing and price display requirements Product labelling and disclosures Direct marketing and cooling-off rights Promotional competitions Franchise agreement standards Complaint handling and dispute processes Product recall obligations for unsafe goods View Document bACK TO LEGISLATION

Administrative Fines & Penalty Notices

DEPARTMENT Department of Trade, Industry & Competition (DTIC) REGULATION NAME Consumer Protection Act Regulations NO. AND DATE R 293 – 1 April 2011, Government Gazette No. 34180 SUMMARY Pricing and how prices must be displayed or communicated Product labelling and trade descriptions Direct marketing rules and cooling-off periods Promotional competitions and franchise agreements Complaint handling and dispute resolution procedures Product safety, recall requirements, and supplier obligations View Document bACK TO LEGISLATION

Consumer Product Safety Recall Guidelines

DEPARTMENT National Consumer Commission (NCC) REGULATION NAME Consumer Product Safety Recall Guidelines NO. AND DATE Notice 490, Government Gazette No. 35434, 13 June 2012 SUMMARY Identifying product safety hazards and risks How and when to conduct a recall (repair, replacement, refund or removal) Required notifications: to the Commission, to other supply-chain entities, and to affected consumers Recall strategies, communication plans, and reporting procedures (progress & final reports) View Document bACK TO LEGISLATION

Consumer Protection Act, 2008

10. New Protections Against Unwanted Marketing

DEPARTMENT

NATIONAL CONSUMER COMMISSION (NCC)

REGULATION NAME

Regulation 4 – DIRECT MARKETING (DRAFT AMENDMENTS)

NO. AND DATE

: PUBLISHED FOR PUBLIC COMMENT ON 28 OCTOBER 2024

SUMMARY

Allow consumers to block unwanted direct marketing Require clear opt-out mechanisms Regulate how businesses may contact consumers Introduce penalties for unlawful direct marketing Improve transparency in consumer data usage

10. New Protections Against Unwanted Marketing

ASC Health And Safety

Foodstuffs, Cosmetics and Disinfectants Act (Act 54 of 1972)

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Allow consumers to block unwanted direct marketing
Require clear opt-out mechanisms
Regulate how businesses may contact consumers
Introduce penalties for unlawful direct marketing
Improve transparency in consumer data usage