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ABC guide to South Africa's draft Consumer Protection Bill - part one

Here's a quick and easy guide to the main topics covered in the latest draft of the Consumer Protection Bill.
1. What’s all the fuss about? Why do we need a new bill anyway?
The bill aims to update old laws, combine existing and new laws under a meaningful umbrella, and put into law issues that were previously addressed only via common law. Up until now a lot of the law referring to consumers has been buried in other legislation that actually refers to totally different issues.
Ultimately the government wants to: improve protection for consumers against unfair business practices; increase fairness and equality among consumers; give consumers the information they need to make good choices and to know what their rights are; give consumers a better way to get compensation if things do go wrong; and enforce the new rules.

2. What does this mean for South African consumers?
On paper, if this bill is passed, South Africans will be among the best protected consumers in the world.

3. That sounds great, but what does it really mean for the person in the street?
A number of things. Here is a summary of the main topics the bill covers:
3.1 Consumers will be guaranteed equal access to markets.
3.2 Consumers’ privacy will be protected.
3.3 Consumers will have a right to choose.
3.4 Fair disclosure of information to customers.
3.5 Fair and responsible marketing.
3.6 Customers will be entitled to honest and fair dealing.
3.7 Terms and conditions need to be fair, just and reasonable.
3.8 Consumers should expect fair value, good quality and safe products.
3.9 Suppliers need to be accountable to customers
3.10 Finally, consumers have a right to be heard and receive compensation if they are unfairly treated.
We’ll discuss these issues in more detail in the second part of this article.
Who is responsible for all this happening?
This is a Department of Trade and Industry (dti) initiative. If the bill is passed, a National Consumer Commission and Tribunal will be set up to oversee and enforce the new laws. The government has earmarked R 51.3 million rand in 2009/2010 to fund the bill.
4. So what happens next?
The final version of the draft bill has been tabled before the national assembly for last comments and approval. It seems likely that this will be approved, although we do not have an indication of when this will take place.
5. Fantastic, thanks for all the information. I still don’t know where getclosure! fits in though?
getclosure!  is an independent online complaints management portal that helps South African consumers and businesses to effectively and discreetly resolve customer complaints. The getclosure! service delivers complaints to the most appropriate person in an organisation to be resolved, saving consumers the hassle of repeatedly calling a customer department (and putting up with hours of irritating hold music).
We fully support the South African government’s focus on increasing consumer activism to enhance market and price competition.  Especially close to our hearts is helping consumers to be informed of their rights, and then to exercise them. Not only do we provide consumers with a quick, easy and effective way to complain and comment on services, but we also advise them on routes to take should they not reach a happy outcome with the supplier. In addition we also make a host of consumer rights news and information available to South Africans.
And the good news for suppliers is that the getclosure!  service can be used as a plug-and-play customer service facility. This means suppliers can easily comply with government requirements to offer an accessible, easy-to-use complaints service. The service is fully customisable, with full reporting on correspondence and time to resolution as well as integration with suppliers’ existing processes. In addition, suppliers can show their commitment to customer service by displaying a getclosure! seal on their websites.

Click here to read part two of this article.
Note: 

Written by: Emma Donovan


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