A new Code of Conduct (Code) for the Consumer Goods and Services
(CGS) industry has been released and takes effect on 30 April. This
final Code is substantially similar to the draft Code published by
the Department of Trade and Industry in October 2014 for public
The Code, published under the Consumer Protection Act 68 of 2008
(CPA), has been established to guide the CGS industry on the
minimum standards of conduct expected when engaging with consumers
and to assist in resolving disputes that arise between consumers
and the CGS industry under the CPA.
The Code applies to all parties involved in the supply chain who
directly or indirectly provide, market and/or offer to supply goods
and services to consumers, unless they are specifically excluded.
The Code therefore applies to, among others, producers, importers,
distributors and retailers of goods, and to service providers.
Importantly, this means that adherence to the Code is
mandatory, unless the limited exceptions apply.
The Code does not apply to participants in the CGS industry that
are regulated by other public regulation, or another code
prescribed under the CPA, or where a complaint falls under the
jurisdiction of certain other ombuds. The Code also doesn't
apply to transactions that are excluded from the CPA and/or that
are governed by other public regulation; the automotive industry;
electronic communications service as defined in section 1 the
Electronic Communications Act 36 of 2005 and transactions with
organs of state or financial institutions.
The Code provides for the establishment and powers of a Consumer
Goods and Services Ombud whose functions include resolving disputes
arising from complaints about non-compliance with the Code and the
CPA by participants in the CGS industry.
The Ombud will be funded by the CGS industry. Participants in
the CGS industry may have to pay joining fees, and annual and
special levies which will be determined with regard to the relevant
market share of each participant.
Importantly, a failure to comply with the Code constitutes a
contravention of section 82(8) of the CPA.
here for more detailed information on the Code and
here for a copy of the Code.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
When schools or universities are looking to operate in the United Arab Emirates, one of the basic considerations that must be taken into account is the form of real estate ownership that the institution can hold
In previous issues of this newsletter we have considered how an education institution (be that a school, university or tertiary or vocational college) can expand their brand and footprint internationally.
The Consumer Protection Act, 68 of 2008 (the "CPA"), came into effect on 31 March 2011 and is likely to have certain far-reaching implications for the promoters of promotional competitions, especially competitions which are conducted using SMS or MMS technology.
The rise of plain and understandable language, which has its origins in sections 2, 3 and 22 of the Consumer Protection Act, is upon us.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).