The delay will enable the department to finalise all processes required to effectively administer these two pieces of legislation, as well as give business and the public enough time to prepare themselves for compliance with the new laws.<\/p>\n
According to the Department of Trade and Industry, the two pieces of legislation have significant impact on business operations.<\/p>\n
Minister of Trade and Industry, Rob Davies, deferred the implementation of the acts to allow for more consultation with stakeholders before finalising the legislation.<\/p>\n
The postponement, however, only relates to the general implementation of the various provisions of the two Acts. It does not extend to the establishment of the two institutions required to implement or administer both legislation – namely the Companies and Intellectual Property Commission and the National Consumer Commission.<\/p>\n
“These institutions will come into existence and commence with administrative operations as stipulated in the Acts in the third quarter of this financial year. The public and stakeholders will thus be able to approach them for assistance and guidance as soon as their establishment is announced in due course,” said the department.<\/p>\n
Certain provisions of the Consumer Protection Act — which became effective on 24 April 2010 — will now be implemented by the National Consumer Commission, which will entail the current staff of the Office of Consumer Protection.<\/p>\n
The provisions include those contained in Chapter 1 and Chapter 5 as well as section 120 of the Consumer Protection Act. As provided for in Schedule 2, item 9(1) of the Consumer Protection Act, the employees of the department tasked with the administration and enforcement of repealed laws are employees of the National Consumer Commission as of the early effective date, 24 April 2010.<\/p>\n
Any applications or clarification required by members of the public or stakeholders relating to enforcement of provisions of Chapters 1 and 5 can be directed to these employees of the Office of Consumer Protection.<\/p>\n