Radio 702 presenter Redi Direko sparked an interesting discussion about the Consumer Protection Bill on her talk show this morning.  Guest speaker Neil Kirby, a Director of Werksman’s Attorneys, stated that the Bill has been designed to bring together all components of consumer law and deal with it in a constructive and legislative manner.  The objective is to ensure that consumers are well informed and have easy access to information.  This will enable consumers to make proper use of ombudsmen and other alternative dispute resolution services which will save time and cut back on legal fees.

Kirby explained that the Bill is essentially made up of two parts: ensuring that consumer rights have substance and meaning; and secondly providing details of how these consumer rights will be protected and enforced.  The Bill also offers definitions to draw distinctions between goods and services, and between consumers and suppliers.  One of the key issues which the Bill covers is the need to address the balance of power between consumers and suppliers in South Africa and empower consumers to enforce their rights.

In response to queries from callers, Kirby raised two points which particularly grabbed my attention.  Once the Bill is passed and becomes law, consumers will have the option to be on a registry that exempts them from all those unwelcome calls from marketers at odd hours of the day.  Another caller asked what would happen if a company goes under or is unable to deliver a product or service once you have paid for it.  Kirby said that the Bill endeavours to be proactive and would address these circumstances and ensure that the consumer gets some degree of compensation.

In closing Kirby urged consumers to take responsibly for the decisions they make.  He argued that no matter how extensive consumer legislation is, consumers still need to play their part and must not be complacent.  This is a really valid point and something which we all need to keep in mind.