Enforcement and effectiveness of consumer law in South Africa

Naude, Tjakie; Barnard, Jacolien

Enforcement and effectiveness of consumer law in South Africa

Chapter in Book

2018

Journal Title

Enforcement and effectiveness of consumer law

Link to Journal

https://link.springer.com/book/10.1007/978-3-319-78431-1

Publisher

Springer

Department

Department of Private Law

Faculty

Faculty of Law

Abstract

This chapter discusses and evaluates the enforcement and effectiveness of Consumer Law in South Africa. It first provides the principal legal and policy framework, including the legislation and common law and consumer policy and strategic plans of the governmental authorities and enforcement agencies. It sets out details and some statistics regarding enforcement by specialised enforcement agencies, such as the National Consumer Commission, the National Credit Regulator and provincial consumer protection authorities. Alternative dispute resolution actors are discussed, including ombuds enforcing the Consumer Protection Act and ombuds in the financial services sector. Thereafter enforcement by the courts are considered, as well as enforcement through collective redress. The role of consumer organisations and private regulation are discussed, as well as sanctions for breaches of consumer law. External relations and cooperation of the State, enforcers and consumer organisations with bodies external to South Africa are considered. Finally, the effectiveness of the enforcement mechanisms is critically evaluated and some proposals for reform made.