Over the past two decades, South Africa has introduced several laws regulating business and providing protection to consumers. These include the Competition Act (89 of 1998), the Electronic Communications and Transactions Act (25 of 2002), the National Credit Act (34 of 2005), and the Consumer Protection Act (68 of 2008) (CPA). The CPA was implemented to conform to international best practice regarding consumer law, to replace the existing but outdated laws, and most importantly, to provide protection to vulnerable consumers (Department of Trade and Industry, 2004:14; Rampersad & Reddy, 2012:7407). The importance of protecting vulnerable consumers can be attributed to South Africa’s history of discrimination and excluding the majority of the population from quality education and equal opportunities in the marketplace (Rampersad & Reddy, 2012:7407). However, the CPA is of small value to consumers if it is not generally known and applied; thus, consumers will continue to be at the mercy of retailers who very often do not have their best interests at heart. Therefore, this study was undertaken to measure the awareness and knowledge of the CPA among retailers. The research was done among small independent retailers located in shopping malls in the Vaal Triangle, South Africa. The study followed a quantitative approach, using a self-administered questionnaire to obtain a single cross-sectional sample. From the data gathered, it is clear that most of the participants considered themselves well informed regarding consumer rights; 88 present of the participants indicated that they are familiar with the nine consumer rights contained in the CPA. However, this stands in stark contrast to the results obtained in the section measuring the actual knowledge of the CPA; only 49 present of the participants managed to answer more than half of the questions correctly, and none answered more than 70 present correctly. In addition, the participants seemed to score higher on those rights that existed before the CPA came into effect, and lower on the new rights introduced by the Act. This seems to indicate that retailers are not yet familiar with the Act; it is, therefore, unlikely that they do business in a manner that complies with the CPA, which robs consumers of the benefit and protection of the Act. Of the retailers who participated in this study, 72 present said they believe the CPA is necessary to protect consumers. This would seem to indicate that it is the lack of knowledge rather that real resistance to the Act which is standing in the way of wider compliance. Therefore, steps should be taken with utmost urgency to educate and increase awareness of the Act, both among retailers and consumers. / MCom (Marketing Management), North-West University, Vaal Triangle Campus, 2014

The purpose of this thesis is to investigate to what extent the Consumer Protection Act 68 of 2008 (CPA) influences the common law of sale in South Africa. “Common law of sale” refers to the essentialia of sale (the minimum characteristics that parties must have consensus on to conclude a valid sale). The parties must have consensus on the intention to buy and sell, the things sold and the purchase price. The common law of sale also refers to the common law duties of the parties, the duties of the seller in particular (conversely therefore the rights of the buyer). The primary duties of the seller which will be investigated are: a. the duty of safe-keeping (including and investigation into the passing of benefit and risk doctrine); b. the duty of delivery and transfer of ownership; c. the warranty against eviction; and d. the warranty against latent defects. The primary common law duties of the buyer to pay the purchase price and accept the thing sold are included in the investigation as well. The formalities required in certain sale agreements, that wording must be in plain language as well as the buyer’s cooling-off rights are also investigated. An investigation into the influence of the CPA on the common law of sale in South Africa warrants a systematic framework and modus operandi which are: a. an investigation into the historical background of the common law of sale and its principles in the Roman law and Roman-Dutch law; b. a critical analysis of the position where the CPA is not applicable (the common law position); c. an extensive analysis and critical evaluation of the relevant provisions of the CPA and the influence thereof on the common law of sale; d. a comparative analysis of the appropriate provisions in Scotland and Belgium; e. a conclusion of the influence of the CPA on the common law of sale (whether the particular common law of sale principle is confirmed, amended or excluded in terms of the Act); and f. recommendations (taking into account the comparative analysis) regarding the rectification of uncertainties and ambiguities that arose as a result of the investigation. It is also important to remember that the existing principles of the common law of sale will still be applicable for transactions and agreements which fall outside the application of the Act. The golden rule to keep in mind when investigating the influence of the CPA on the common law of sale is to determine which approach and interpretation will be most beneficial to the consumer. / Thesis (PhD)--University of Pretoria, 2013. / gm2013 / Mercantile Law / Unrestricted

This dissertation considers the impact of the Consumer Protection Act 68 of 2008 (hereafter ‘CPA’) on contractual claims, and specifically whether the exceptio doli generalis is being reintroduced in the South African legal system. This dissertation illustrates that although the CPA improves the position of the consumer in many ways, the legislature should have drafted some provisions more carefully which could have resulted in clarifying some vital issues. Many terms and principles introduced by the CPA are foreign to the South African legal system. Although practice and precedent will eventually provide solutions to many of the practical difficulties currently experienced, it will take time and money to do so. It is therefore submitted that some areas should be reconsidered for amendment by the legislature in order to allow this significant piece of legislation to operate optimally Ultimately, two sets of conclusions can be drawn in this dissertation. Firstly, the general conclusions relating to whether the defence of the exceptio doli generalis has been reintroduced in the South African legal system by the CPA and, secondly, whether the exceptio doli generalis is in line with our constitutional values and in line with the current rules for the interpretation of contracts. Although the Courts have abolished the defence ofexceptio doli generalis, it seems as if the CPA has reintroduced this defence. / Dissertation (LLM)--University of Pretoria, 2013. / Private Law / unrestricted

Magister Artium - MA / Technical documentation comes in a variety of forms such as installation or operation manuals, quick reference guides, maintenance manuals, user manuals, policy and procedure manuals or marketing brochures and flyers (Walsh, 2012). What all these sub-genres have in common is that the texts that correspond to them seek to inform and give instruction about procedures, behaviour and actions related to products (Schäffner & Wiesemann, 2001: 49). Manuals have been described as “the complete reference source for a product’s operation, maintenance and safety” (Cowley & Wogalter, 2011: 1773). For the purpose of this study, we will focus on one form of technical documentation, namely user manuals. The terms “documentation” and “manuals” will be used interchangeably. Although there are probably as many manuals as there are products in our homes, these user manuals have not frequently been the subject of academic study in the South African context. The relative lack of research into user manuals is especially regrettable at a time when new product liability legislation and trade regulations (e.g. the Consumer Protect Act of South Africa, 2008) have enhanced the profile of product manuals in public and regulatory discourse. As a result of this relative neglect, it is not known how understandable, relevant and therefore empowering users of products find these manuals. There is also not much knowledge concerning the level of compliance in manuals to the provisions of product liability legislation. This study therefore proposes to investigate the comprehensibility and usability of user manuals associated with two products (blenders) marketed in South Africa. It will draw on theories and methods of analysis associated with technical writing, analysis of terminological consistency, genre and multimodality, to evaluate the selected manuals from the standpoint of a subset of the criteria listed in Section 22(2) of the Consumer Protection Act of South Africa, No. 68 of 2008, which was later amended in 2011. The methodology for the proposed study will combine text analysis (by the researcher) with comprehension and usability tasks performed by selected participants. Data from these sources will be collated and analysed to determine the conformity of the manuals to criteria in the Consumer Protection Act of South Africa, and the effect the manuals have on product users. Areas for optimising (improving) the manuals will also be identified.

The tourism industry is critically important for the economic well-being of South Africa. This realisation elicited a greater focus on the industry, including greater government regulation thereof. Although the concept of a tourist (consumer of tourism services) will not readily conjure up someone in need of protection, tourists are often exposed to exploitation through unfair business practices. Tourists, by definition, are outside their normal places of residence and often strangers to the environment within which they find themselves. For the important tourism industry to achieve its economic potential the protection of the tourist must be paramount. The introduction of the Consumer Protection Act, 2008 in 2010 was heralded as a new dawn for consumers. The CPA provides consumers, including domestic and foreign tourists, with extensive consumer rights. As the CPA is the first comprehensive legislation aimed at consumer protection the impact of the Act is far from known. The CPA caused considerable uncertainty in the tourism industry establishing a clear need to determine its impact on the segments of the industry. This study focuses on the accommodation segment. The aim of the study therefore is to ascertain the impact of selected consumer rights on the accommodation segment of the tourism industry. An overview of the tourism industry reveals that tourists are becoming more experienced, demanding and discerning. The regulation of the industry is explained. Particularly relevant are latest developments in South Africa, particularly the Draft Tourism Bill, 2011 and the National Tourism Sector Strategy. The consumer protection regime applicable prior to the coming into effect of the CPA was characterised more by ad hoc legislative arrangements than any systematic programme of consumer protection. Consumers were reliant on the common law. However, as part of a larger scheme to improve the socio-economic well-being of the people of South Africa, the government introduced a number of statutes including the CPA. The CPA introduced wide-ranging rights for the protection of consumers and mechanisms to provide effective redress. Selected consumer rights are critically analysed to assess the impact of these rights on the accommodation segment. These include the consumer’s right to equality in the market place; the right to privacy; the right to cancel advance bookings; the right to documentation in plain language; the right to quality service; and the right that a supplier having possession of the property of guest must account for such property. Another important aspect relates to the use of exemption provisions. The use of exemption provisions by suppliers is severely curtailed by the CPA. The use of prepaid vouchers, trade coupons and similar promotions, and customer loyalty programmes are also considered and the rights and obligations for consumers and suppliers respectively are elucidated. Many of the rights considered will have a significant impact on accommodation establishments. Elsewhere the impact may not appear to be as significant as the CPA is merely codifying an existing right or remedy. However, codifying the right, providing examples of the conduct prohibited and providing enforcement mechanisms will increase the efficacy of these rights.

Please read the abstract in the dissertation. / Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted

The fundamental consumer rights granted to consumers by the Consumer Protection Act 68 of 2008 (hereinafter referred to as the CPA) would be without meaning if no avenues of redress were available to enforce them. The National Consumer Commission as well as the National Consumer Tribunal and the consumer courts will enforce the Act. One of the more central and important aims of the CPA (section 69) is to ensure that an aggrieved consumer has access to redress, this also being one of the European Union’s consumer protection rights. The CPA therefore empowers the consumer by setting out redress options where a consumer believes that his or her right has been infringed. There is a wide range of options available to consumers if they have a complaint in terms of the CPA. Sections 68 to 76, which are found in Chapter 3 Part A to C, are the provisions that deal with the protection of Consumer Rights. In terms of the CPA, consumers are not obliged to approach the supplier against whom they have a complaint before first going somewhere else. In terms of section 69 of the Act, the category of persons listed in section 4(1) can enforce a right in terms of the Act or in terms of a transaction or agreement, or resolve a dispute with a supplier by: Referring the matter directly to the National Consumer Tribunal; referring the matter to the applicable recognised ombud with jurisdiction over the supplier and if the matter does not concern the supplier contemplated in s 69(b), referring the matter to the applicable accredited industry ombud with jurisdiction. The consumer may also apply to the relevant consumer court of the province with jurisdiction (subject to the provincial legislation governing it). A dispute may also be referred to an alternative dispute agent, filing a complaint with the National Consumer Commission or approaching a court with jurisdiction over the matter (only when all the other remedies available to that person in terms of national legislation have been exhausted). The main focus of the research will be the role of consumer courts in particular and their possible enforcement and execution shortcomings. The consumer courts are regulated on a national level in terms of the CPA and on provincial level in terms of provincial legislation of the various provinces. I will illustrate these shortcomings in a discussion of two relevant cases. A short discussion of the other options available to the consumers for redress in terms of the CPA will also be included. Other avenues of redress that will briefly be discussed are complaints lodged to the National Consumer Tribunal, the National Consumer Commission and alternative dispute resolution. Since the CPA became fully effective on the 31 of March 2011 and is more in line with international trends in consumer protection law, a short comparative study is necessary. I will be looking at the consumer law in Scotland, which is affected, by the UK consumer law in the United Kingdom. / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

Dissertation (LLM)--University of Pretoria, 2014. / gm2014 / Private Law / unrestricted

The common law of lease sets out certain reciprocal rights and duties of lessors and lessees. It also provides for sui generis aspects such as the lessor’s hypothec and the protection of the lessee under the huur gaat voor koop rule. The relatively uncomplicated manner in which the common law has addressed specific issues pertaining to the law of lease has however been influenced by recent legislation that have an impact on various aspects of lease. The Rental Housing Act 50 of 1999 has entrenched parameters for the exercise of certain rights by the lessor and lessee and has introduced Rental Housing Tribunals to deal with unfair leasing practices. The Prevention of Illegal Eviction of and Unlawful Occupation of Land Act 19 of 1998 has radically impacted on the process that a lessor has to follow where he wishes to evict a lessee who remains in occupation of a leased premises after lawful termination of a lease agreement. Most recently the introduction of the Consumer Protection Act 68 of 2008, which came into full operation at the end of March 2011, appears to have a significant impact on the law of lease in those instances where the Act finds application to a lease agreement. In this regard it must be observed that the Consumer Protection Act impacts on a lease agreement that falls within its scope in two ways: on the one hand section 14 of the Act which regulates fixed term agreements may find specific application to a lease agreement that falls within the scope of application of the said section. On the other hand, there are certain ‘general’ provisions of the Act that will find application generally to lease agreements that fall within the scope of application of the Act , even if they do not fall within the specific scope of application of section 14. The purpose of this dissertation is to investigate how the various pieces of legislation indicated herein , impact on the common law of lease . The main focus will eventually be the impact of the Consumer Protection Act as such impact still has to manifest in practice.It will thus be endeavoured to present a holistic view of the ‘changing face of the law of lease’ in South Africa. / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The goal of this dissertation is to highlight the ambiguities contained in section 61 of the Consumer Protection Act 68 of 2008 (CPA), which attempts to introduce strict product liability for the entire supply chain in the event of product failure, and to propose amendments from which both the consumer as well as the supply chain could benefit. The new dispensation of strict product liability will lead to a step away from the no-fault based liability system that our courts have implemented for decades. Although this system is unfamiliar to South Africa, strict liability regimes have been followed in foreign countries for a considerable period of time. A comparative study of the approaches followed in America and Europe, which both advanced strict product liability regimes, will be undertaken in this study in order to illuminate problematic aspects relating to the concept of defect contained in section 61 of the CPA as well as the various duties of the supply chain in a strict product liability regime. It is argued that the provisions of the CPA ought to be supplemented with regulations, including, but not limited to, the implementation of adequate safety regulations to mitigate product recalls and product liability claims. / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted