Consumer Studies Grade 12 IEB - the consumer summary
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Course
Consumer Studies
Institution
12th Grade
Book
Consumer Studies
Complete summary of the consumer section in Consumer Studies Grade 12 IEB syllabus. Sources include "Consumer Studies the answer series" textbook and other various sources.
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Consumer Protection Act – 2011
Background
• developed by the department of trade and industry
• supports consumer rights and responsibilities
• develop a fair market place for consumers
• reduce difficulties faced by consumers
• protect consumers from unfair business practices
• creating responsible consumers
• empowering consumers
Consumer Rights
• the consumer protection act gives nine rights to consumers:
o right to equality in the consumer market and protection against discriminatory marketing
o right to privacy
o right to choose
o right to disclosure of information consumer rights
o right to fair and responsible marketing.
o right to fair and honest dealing with consumer.
o right to fair, just and reasonable terms and conditions.
o right to fair value, good quality and safety.
o right to accountability from suppliers. key points of CPA
Key Points of CPA
• marketing standards- no more unwanted direct mail. marketing must be factual and accurate
• cooling off period- 5 days
• fixed term contracts- responsibility is on consumer. will carry on from month to month basis
• overselling and overbooking
• implied warranty of quality- consumer has 6 months to return defective goods
• prepaid vouchers- 3 years to redeem. is the property of company until redeemed channels for
consumer complaints
Channels for Consumer Complaints
• department of trade and industry are responsible for creating a competitive, enabling economic
environment through the implementation of fair, transparent, effective and predictable regulations.
• consumer corporate and regulations division offers information and advice to consumers on their
rights and how and where to complain provincial consumer affairs offices
Provincial Consumer Affairs Offices
• staff advise on consumer issues.
• provide information, protection and education.
• elects a consumer protector, provincial consumer court, national consumer commission
National Consumer Commission
• established to enforce the CPA
• ensure consumers are well educated and well informed
• promote a fair market place
• establish norms and standards
• stop unfair marketing
• promote responsible consumers
• give a legal framework national consumer forum NCF
,National Consumer Forum – NCF
• non-profit and autonomous
• raise awareness of consumer rights
• highlight channels they can follow if they face with unfair practices
• give a voice to the public
• co-ordinate campaigns South African National Consumer Union Sancu
South African National Consumer Union – SANCU
• voluntary independent body
• build up consumer awareness through education, protection, and information
Where to Complain
Public sector offices
• consumer affairs committee: investigates harmful business practices
• public protector: unfair treatment of citizens by government offices
• advertising standards authority of South Africa: oversees advertising
• South African Bureau of standards: benchmark for quality; canned foods, electrical
appliances, building material, safety aspects of cars
• consumer goods and services ombud: goods and services complaints
Corporate organisations and private sector
• Furniture Traders Association
• National Home Builders Registration Council: building defects
• estate agents affairs board
• financial services board: short and long term insurance
• national credit regulator: complaints on credit providers
Professional bodies
• Engineering Council of South Africa: complaints regarding engineering services
Consumer journalism
• using mass media for complaints and information
• sections dedicated to consumer issues
▪ electronic journalism
▪ tv
▪ radio
▪ newspapers
▪ magazines
▪ specialist consumer magazines e.g. consumer fair
Legal action
• small claims court – R15 000
• magistrate – emotional issues
• high court – R100 000
• legal aid board: means tested in order to qualify
• legal aid bureau: PVT organisation also means tested
• legal resource centre: NGO that provides legal advice to the poor
• university legal clinics: university-based where consumers can take issues
, Financial and Contractual aspects of importance to
Consumers
Contracts:
• Legal agreement between two or more parties
• Discusses all terms and conditions if an offer is made
• Rights and responsibilities of all parties are included
Requirements for Valid Contracts:
• Requirements must be met for a contract to be legal and binding
• All parties must consent, must be an offer and an acceptance of offer
• Capacity to contract – all parties must be 18+ and of a sound mind
• Agreement cannot be illegal
• Must comply with necessary legal formalities – must be correctly signed by all parties and
witnesses
• Agreement and consent must be voluntary, o party may be forced into contract
• Must be possible to perform the contractual obligations
Breach of Contract:
• When one party fails to perform the obligations specified in contract, that party breaches
contract
Consequences:
• Court can declare party guilty for failure to keep to the agreement and a fine/jail sentence
may be imposed
• Court can sue guilty party for damages
• An interdict can be obtained to prevent the guilty party from continuing with their work
• The contract can be cancelled or declared void
Types of Agreements:
Oral Agreements:
• Take place through conversation
• Credibility is difficult to determine
• One person’s word versus the other
Silent Agreements:
• An exchange transaction takes place without a dispute/ questioning
Written Agreement (contract):
• Legal agreement on paper usually signed in presence of witnesses
Types of Contracts:
Employment Contract:
• Agreement between employer and employee
• Terms are binding by law
• Protects both employer and employee in terms of obligations and service conditions
• Signed by employee, employer and witnesses
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