Consumer Law (TB)

Question 1

What is the primary enforcement institution of the CPA?

Answer 1

The National Consumer Commission

Question 2

Who may approch a court, the Tribunal or Commission?

Answer 2

Section 4(1) -

• A person acting on his or her own behalf
• An authorised person acting obo another person who cannot act in his or her own name
• A person acting as a member of, or in the interest of, a group or class of affected persons
• A person acting in the public interest (with leave of Tribunal or court)
• An association acting in the interests of its members

Question 3

Discuss the National Consumer Tribunal (3)

Answer 3

1. Created ito sec 76 of the NCA (credit act)
2. Meets on ad hoc basis to consider consumer matters that fall within the NCA and CPA
3. Has jurisdiction throughout SA

Question 4

Which matters may be handled by the Tribunal?

Answer 4

• A direct referral by a consumer in dispute with a supplier (if allowed by CPA)
• A referral by a consumer after the NCC has issued a compliance notice to the consumer
• An application to have a settlement reached by an ADR agent made an order of the Tribunal
• Referral from the NCC where it is alleged that a person was involved in prohibited conduct
• A review application by a producer regarding a recall notice
• A review application regarding the cancellation of a business name
• An application that a matter as ordered by the NCC be referred to the Tribunal iso a consumer court