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CPA UNIT 12 – ENFORCEMENT INSTITUTIONS AND REDRESSStudy Material:
− Relevant definitions s1, ss4, 68-78 CPA 68/2008
− Nagel et al (2019) paras 41.153 – 41.180
− Imperial Group v MEC Economic Development
− Imperial Group v Dipico
− Joroy v Potgieter
− Chriwa v Transnet (as per slides)
− Motus Corporation v Wentzel
− Consumer Goods and services Ombud v Voltex
Definition “alternative dispute resolution agent” (ADR agent) means
- Ombud with jurisdiction
o E.g. the long-term or short-term insurance ombud
o E.g. the banking ombud or credit ombud
- An industry ombud accredited in terms of section 82(6)
o E.g. motor industry ombud
o E.g. consumer goods and services ombud
- A person or entity providing conciliation, mediation or arbitration services to
assist in the resolution of consumer disputes, other than an ombud with
jurisdiction, or an accredited industry ombud to consumers
o E.g. The arbitration foundation of southern Africa (AFSA)
o E.g. South African association of mediators (SAAM)
➢ Definition “consumer court” – a body of that name, or a consumer tribunal, that
has been established in terms of applicable provincial consumer legislation
• Refers to a provincial consumer protection authority or provincial consumer
court/tribunal e.g. the Mpumalanga consumer protector and consumer court
➢ “court” does not include a consumer court;
, • Suggests “normal courts” and includes criminal courts, civil courts (magistrate
courts and high courts, appeal court, constitutional court), small claims court,
equality court
Understand that the primary institution for enforcement of the CPA is the National
Consumer Commission (NCC)
✓ National Consumer Commission (NCC) primary institution that enforces CPA
✓ National Consumer Tribunal (NCT) seen as the “Appeal institution”
o Unless a direct referral is made
✓ Remember: NCC established in terms of CPA and only has jurisdiction over
consumer matters
✓ BUT NCT established in terms of NCA and has jurisdiction over BOTH credit
agreements in terms of NCA as well as consumer agreements in terms of
CPA
✓ See purpose of CPA s3:
o Improve consumer rights of vulnerable consumers
o Establish accessible system of redness
✓ Consumers may approach:
o Other institutions and persons = alternative dispute resolution agents,
ombuds and consumer courts
o In some instances = equality courts
o Civil court = AS A REMEDY OF LAST RESORT
Identity which persons or categories of persons have locus standi in terms of s4(1) to
approach, a court, the NCC or the NCT for relief
1. Person acting on his own behalf
2. An authorised person acting on behalf of another person who cannot act in his
own name
3. A person acting as a member of, or in the interest of, a group/class of effected
persons
4. A person acting in the public interest (with leave of the Tribunal / court) and
5. An association acting in the interests of its members
Identity the difference between a “consumer court” and “court” in terms of the CPA
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