Overview of the role of selected consumer protection bodies in the regulation of prices and access to redress under the Consumer Protection Act 68 of 2008

Abstract

The Consumer Protection Act 68 of 2008 (CPA) seeks to promote the achievement and maintenance of a fair, accessible, efficient, sustainable and responsible market place for consumer products and services in South Africa. Moreover, the CPA seeks to provide an accessible, consistent, harmonised, effective and efficient system of redress for consumers. Notably, the CPA provides that the supplier should not supply or enter into an agreement to supply any goods or services at a price that is unfair, unreasonable, or unjust. This is generally aimed at combating any problems that are suffered by consumers when accessing goods and services in South Africa. Accordingly, various regulatory bodies and related role-players were established to enforce consumer rights and provide redress mechanisms to vulnerable and affected consumers. These consumer protection bodies and related roleplayers include the National Consumer Commission (NCC), the National Consumer Tribunal (NCT), provincial consumer courts, ordinary courts and other alternative dispute resolution agencies. These bodies and role-players are statutorily obliged to resolve consumer disputes in South Africa. However, there are some uncertainty challenges regarding the jurisdiction of ordinary courts and consumer protection regulatory bodies in relation to disputes that relate to the consumers’ right to fair, just and reasonable prices, terms and conditions of goods and services. This article discusses the role of the NCC, the NCT, provincial consumer courts, ordinary courts and other alternative dispute resolution agencies in the regulation of prices for goods, services and access to redress for affected consumers under the CPA. This is done to provide some recommendations that could resolve jurisdictional and regulatory challenges in relation to the price and access to goods and services under the CPA.