He said the CPA would protect consumers from unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices.<\/p>\n
It would also protect them from deceptive, misleading, unfair or fraudulent conduct.<\/p>\n
“The purpose of the act is to provide for an accessible, consistent, harmonised, effective and efficient system for redress,” he told a presentation.<\/p>\n
Under the new act, every consumer had a right to receive goods that were reasonably suitable for the purposes for which they were generally intended.<\/p>\n
The goods had to be of good quality, in good working order and free of any defects.<\/p>\n
Goods also had to be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put, Oxenham noted.<\/p>\n
He said the producer, manufacturer, importer, distributor or retailer of any goods would be liable for any harm caused as a consequence of supply of any unsafe goods.<\/p>\n
They would also be liable for harm caused by a product failure, defect or hazard, or inadequate instructions or warnings provided to the consumer about a hazard arising from the use of the goods.<\/p>\n
“Liability arises irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer as the case may be – in other words, strict liability has been introduced,” he said.<\/p>\n
The CPA would expose businesses engaging in prohibited conduct and it provided for fines of up to a million rand or 10% of turnover, he said.<\/p>\n
The Consumer Protection Act 68 of 2008 was signed into law by President Kgalema Motlanthe on April 29, 2009.<\/p>\n
The act only becomes operational, however, on October 29, 2010.<\/p>\n