Post on 16-May-2018
What is the South African
approach to consumer
protection and consumer
education?
Introduction
• Legislative prescripts relating to consumer protection; – Constitution of the Republic of South Africa;
– Provincial legislation;
– Consumer Protection Act
• Current scenario within provinces; – Legislation;
– Infrastructure;
– Courts/tribunals
• Consumer Protection obligations in terms of consumer education;
• National Structures & Programmes implemented : Consumer Protection Forum
CONSTITUTIONAL PROVISIONS
• Schedule 4, Part A of the republic of South Africa Constitution
provides that consumer protection is an area of concurrent
legislative jurisdiction; • What does this mean? Both spheres of government may pass legislation on
consumer protection; • 9 provinces in SA together with national government;
• Western Cape Consumer Affairs (Unfair Business Practices) Act, 2002
(Act 10 of 2002) • Establishes provincial office; • Empowers office to investigate consumer complaints; • Regulates manner in which such investigations and processes may occur; • Empowers the office to provide such other services which are necessary for the
effective implementation of consumer protection services; • One of the primary and important additional functions is Consumer Education;
• Consumer Protection Act, 2008 (Act 68 of 2008; • Consumer rights; • Consumer education.
4
Organizational Structure
Office of the
Consumer Protector
Legal Institutional
Support - Tribunal
Complaints
Management
Consumer Education
and Marketing
What is the current position within provinces?
• Provincial legislation • 8 out of the 9 provinces have legislation on consumer protection matters; • Remaining province in final stages of implementing its own legislation;
• Provinces working on the alignment of existing legislation with the CPA to ensure uniformity;
• Strong emphasis on redress options; • Strong emphasis on consumer education; • Only 4 out of 9 provinces have operational consumer courts/tribunals
• Western Cape: tribunal appointed; draft regulations published; operational by January 2012 latest;
• National legislation: Consumer Protection Act • The CPA obligates provinces to play an integral role in the enforcement of the
Act;
• Strong emphasis on cooperative governance between provinces and the NCC;
• Emphasis on consumer rights and consumer education.
What are some of the consumer education
strategies within the Western Cape?
• Population within the Western Cape is diverse ;
– Living standards fluctuate;
– Rural vs Urban spread;
– Accessibility of resources;
– High level of illiteracy (especially within rural areas
and on farms)
• Need for flexible strategies to meet different
needs;
– “Business as Usual”
• use of print media and radio (especially community
radio stations);
• Community engagements on topical issues e.g. basic
financial literacy, redress services and debt management;
• Sector specific engagements e.g. public sector, ngo’s,
private sector, Trade unions;
• Engagement with schools and academic institutions;
• Strategic partnership development.
– “Business Unusual”: The need exists to do
things differently:
• Digital and social marketing: The increase in
the usage of the internet and mobile
communications, and the advancement in
technology, has led to consumers changing
the way they communicate.
• We therefore need to change our approach
• How?
– E marketing;
– Social media (facebook, twitter)
– Blogging;
– Mobile sites;
– Effective use of sms
– Mobile advertising (please call me functionality)
– What are the benefits of digital marketing/media?
– Reach (high exposure and ability to immediately
engage with your audience);
– Targeted audience (determine
times/days/age/demographics);
– Frequent and effective;
– Response capability (data collection)
What does the Consumer Protection Act say about
Consumer Education?
• Section 3: Purpose of the Act is amongst others: • Improve consumer awareness and information and encourage responsible
and informed consumer choice and behavior; • Promoting consumer confidence , empowerment and development of a
culture of consumer responsibility, through individual and group education, vigilance, advocacy and activism.
• Section 96(a)
• The NCC is responsible for implementing education and information measures to develop public awareness about the Consumer Protection Act.
What does the Consumer Protection Act say about the role of civil society in Consumer Education ?
• The important role which civil society plays in consumer education is
acknowledged in the Act; – Section 77 provides that the NCC may cooperate/support civil society with regards
to:
• Consumer advice and education activities;
• Consumer publications;
• Promotion of consumer rights ; and
• Advocacy of consumer interests.
• The formal accreditation of civil society bodies is provided for in
section 78 of the Act;
• Clear mandate within the Act which obliges consumer protection
authorities to place Consumer education on the
HAS CONSUMER EDUCATION BEING TACKLED ON
AN INTEGRATED LEVEL BETWEEN VARIOUS
AUTHORITIES? • Role of the Consumer Protection Forum (CPF)
• What is the CPF?
• Composition and membership;
• Role and function?
• Specific activities addressing Consumer Education?
• Business plans developed on an annual basis;
• Consumer Education programmes and initiatives identified;
• Joint activity plans developed;
• Roll out on a provincial and national level;
• National impact - same message conveyed across the country.
What are some of the consumer education
programmes that have being implemented?
• “Spend Wisely Campaign” • Annual National campaign aimed at informing consumers about: • Debt management;
• Pitfalls of over indebtedness; • Redress measures available to consumers who are over indebted; • Rights afforded to consumers ito National Credit Act, Consumer
Protection Act.
• “Savings month campaign” • Focused on the importance of saving; • How to minimise your exposure to debt; • Importance of financial planning.
• “Know your consumer rights campaign” • Implementation of the Consumer Protection Act; • Impact of the National Credit Act; • Impact of the legislation on consumers and business; • Redress options to consumers; • Importance of civil society in the arena of consumer education
Conclusion
• We need to strengthen our efforts amongst each other
(government, civil society, sectors) to ensure that the rights of consumers especially the most vulnerable, are protected and
enforced.
THANK YOU!!