THE FINANCIAL SERVICES BOARD
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Provincial Consumer Affairs Offices
any South Africans face consumer-related problems everyday.
These problems range from bad service, poor quality products and
misrepresentation, which results in service providers not delivering what
they promised to deliver. As a result, consumers lose millions of Rands
every year. What many consumers are not aware of is that they have the right
to redress to many of these problems because they have certain consumer rights.
These rights are based on consumer protection guidelines developed by the United
Nations in1985 and are soon to be enshrined in law when the Consumer Protection
Act is promulgated. Issues such as disclosure, product liability and certain marketing
practices will then be regulated.
Provincial Consumer Affairs Offices are established in terms of the Consumer Affairs
(Unfair Business Practices) Act. This Act makes provision for all provincial Consumer
Affairs Offices to establish Provincial Consumer Courts to adjudicate and resolve
all consumer complaints of unfair business practice free of charge. The Consumer
Protector who resides within the Office of Consumer Affairs investigates cases of
alleged unfair business practices and prosecutes unscrupulous service providers on
behalf of consumers. Decisions taken by members of the Consumer Courts are of a
binding nature.
The Eight Basic Consumer Rights
The Role of Provincial Consumer Affairs Offices
Certain consumer organisations, which include the South African National
Consumer Union (SANCU), the National Consumer Forum (NCF) as well as the
Department of Trade and Industry (DTI), refer to the eight basic consumer rights
in South Africa. They are:
1. The right to be heard – A financial services provider (FSP), retailer, supplier or anyone
else providing goods or services must listen to consumers when they complain.
2. The right to safety - Consumers must be protected against flaws or hidden dangers
in products or services that they buy. They also have the right to physical safety
while they are buying.
3. The right to redress - When you are sold an inferior product or service, you have
the right to go back to the seller or service provider and demand a replacement or
a refund. In some instances this right is protected by law and consumers can take
their cases to the courts to exercise their right to redress.
4. The right to a healthy environment - Consumers have the right to a physical
environment that will enhance the quality of life.
5. The right to be informed - Consumers have the right to be given all the information
they require about a product or service. For example they have the right to request
a list of ingredients that go into making a particular product that is being sold,
detailed information of a contract that they might sign, etc.
6. The right to choose - Consumers must insist on a variety of products and goods to
choose from based on personal taste, quality or price. Competition in the market
allows you to buy what suits your particular circumstances.
7. The right to consumer education - Consumers have the right to demand education
in consumer matters. Both the State and private sector have a role to play in
this.
8. The right to satisfaction of basic needs - Consumers have the right to basic goods
and services which guarantee survival. This includes adequate food, clothing,
shelter, health care, education and sanitation.
The Role of Provincial Consumer Affairs Offices is to:
• Investigate and resolve consumer complaints of alleged unfair business
practices;
• Create awareness of consumer rights and responsibilities;
• Educate consumers on how they should assert their rights and protect their
interests when buying products and services;
• Refer unresolved matters to the Consumer Affairs Court for adjudication.
There are various fora that can be used by consumers to report consumer rights
violations. In many instances, there is an Ombudsman who will investigate the matter.
There are also government bodies at local, provincial and national levels that also
investigate cases of consumer rights failures.
Of particular note is the fact that government has set up Provincial Consumer Affairs
Offices in all nine provinces to provide consumers with protection, information and
advice. These offices have resulted from Schedule 4 of the Constitution of the Republic
of South Africa Act, which creates concurrent legislative competency between provinces
and the national government through the (DTI) to protect consumers.
You as a consumer can approach any of these offices to intervene in disputes you may
have regarding contracts, quality of products or services, etc.
Making complaints
We must remember that with rights come responsibilities. It is our responsibility as
consumers to make sure we understand contracts before we sign them, that we have
checked whether service providers are licensed, where applicable, that we read the
small print in guarantees and that we are certain that this is the service or product we
want. Having done this and if we are still faced with a consumer related problem, we
should first complain to a manager or customer care office of the business concerned
before approaching a Consumer Affairs Office to intervene. The value of approaching
these offices lies in the fact that they have trained staff to advise you on your rights
as consumers. It is also advisable to contact them to find out if a company you intend
doing business with has a history of complaints against it.
Categories of complaints generally include:
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Second-hand motor vehicles;
Medical aid;
Housing;
TV licences;
Fitness centres;
Product quality;
Timeshare.
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Hire-purchase agreements;
Cell phones;
Telkom and Eskom;
Direct selling;
Furniture industries;
Transport contracts;
References:
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Consumer advice: National Consumer Forum. www.ncf.org.za
What are my consumer rights? Howard Badler:
The Skills Portal. www.skillsportal.co.za
South African Consumer Service Bodies:
SouthAfrica.Info. www.southafrica.info/services/consumer
Contact details for Provincial Consumer Affairs Offices
Free State
Tourist Centre
60 Park Road
Willows
Bloemfontein
9300
Tel: (051) 400 4854
Fax: (051) 400 9606
E-mail: radikelt@dteea.fs.gov.za
Western Cape
142 Long Street
Cape Town
8001
Tel: (021) 483 5735
Fax: (021) 483 5872
Toll-free 0860 142 142
E-mail: asearle@pgwc.gov.za
Gauteng
Ground Floor
Matlotlo House
94 Main Street
Johannesburg
2001
Tel: (011) 355 8012/ 8117
Fax: (011) 355 8110
E-mail: fati.manamela@gauteng.gov.za
KwaZulu-Natal
1st Floor
The Marine Building
22 Gardiner St
Durban
4001
Tel: (031) 310 5300
Fax: (031) 310 5442
E-mail: pillayd@kznded.gov.za
Mpumalanga
106 Ferreira Street
Nelspruit
Tel: (013) 752 3761
Fax: (013 752 3729
E-mail: nnkosi@nel.mpu.gov.za
Northern Cape
18-22 Stockdale Street
Kimberley
8300
Tel: (053) 830 4835/08
Fax: (053) 830 4838
E-mail:flouw@perm.ncape.gov.za
Limpopo
Ismini Towers
46 Hans van Rensburg Street
Polokwane
0700
Tel: (015) 293 8529
Fax: (015) 295 7010
E-mail: maboeak@ledt.gov.za
North West
East Wing
Ground Floor
Agri Centre Building
James Moroka Street
Mafikeng
Tel: (018) 387 7784
Fax: (018) 387 7900
E-mail: ljlekalake@nwpg.gov.za
This article is funded by the Financial Services Consumer Education Foundation in the interests of financial literacy
MG0008
Eastern Cape
Pick ‘n Pay Building
Office 223
Bisho
5605
Tel: (040) 609 3050/3063
Fax: (040) 635 2194
E-mail: thembakazi.ngxokela@deaet.ecape.gov.za