Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective

2021 ◽  
Vol 29 (1) ◽  
pp. 117-137
Author(s):  
Yeukai Mupangavanhu
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
The European Union ◽  
Time Sharing ◽  
Related Services ◽  
Consumer Protection Act ◽  
Statutory Protection ◽  
Unfair Terms ◽  
High Level

Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.

scholarly journals EQUALITY, THE CONSUMER PROTECTION ACT AND CUSTOMER-SEGMENT PRICING STRATEGIES: IS THERE RELIEF FOR THE POOR RICH TOURIST?

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Mark Tait ◽  
Madéle Tait
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
National Park ◽  
Negative Impact ◽  
Tourism Industry ◽  
Pricing Strategies ◽  
Price Differentiation ◽  
Consumer Protection Act ◽  
Customer Segment ◽  
The Republic

The year 2010 is Soccer World Cup year in South Africa. From watching the press and other media it quickly becomes apparent that this event is perceived as something of a cash cow to be used (and sometimes even abused) to generate maximum profit for certain industries and its businesses. Complaints have been made about airlines and accommodation establishments hiking prices excessively. The tourism industry has been warned about the negative impact such exorbitant prices may have on tourism in the future as South Africa may no longer be considered as a value-for-money destination. The hiking of prices is based on an anticipated increase in demand for certain services and products caused by the expected influx of soccer tourists. Businesses world-wide employ different pricing strategies to try and optimize revenue. One such pricing strategy that is employed is to differentiate between citizens and foreign nationals when charging for a service or product. This strategy in the context of the tourism industry is the focus of this note. Whilst the tourist is visiting South Africa s/he may want to visit some attractions and it is often at these places that an interestingsituation can be observed. International tourists have to pay one price whereas citizens pay a reduced price. For instance, a visit to the website of the Addo Elephant National Park reveals that SANParks asks different prices – for South African citizens and residents R30 per day visit, SADC nationals R60 per day visit, and foreign visitors R130 per day visit to the Addo Elephant National Park. Similar price differentiation is employed by private businesses as well. Other jurisdictions in Africa also make use of similar customer-segment pricing strategies. The Ugandan Wildlife Authority differentiates between admission fees for foreign non-residents and East-Africans to protected areas such as Lake Mburo and the Semuliki National Park. The Consumer Protection Act 68 of 2008 (hereinafter “the CPA”), once operational, will prohibit the charging of different prices for any goods or services to any persons or category of persons on the basis of one or more of the grounds of unfair discrimination contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution) or Chapter 2 of the Promotion of Equality and the Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter “the Equality Act”), amongst others. Does this mean that suppliers of services and products to tourists who differentiate in the prices asked between citizens and non-citizens will fall foul of this provision of the CPA? This is the question this note will endeavour to answer.

scholarly journals The Implications of Consumer Protection Legislation for Hotels and Guests in South Africa

2017 ◽  
Vol 9 (2(J)) ◽  
pp. 33-45
Author(s):  
Raeesah Mohamed ◽  
Karunanidhi Reddy ◽  
P. M. Naidoo
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Race And Ethnicity ◽  
Standard Form ◽  
Business Practices ◽  
Open Market ◽  
Low Literacy ◽  
Ethical Business ◽  
Bargaining Position ◽  
Unfair Terms

During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.

scholarly journals CONSUMER PROTECTION MEASURES FOR ERRONEOUS OR UNAUTHORIZED INTERNET PAYMENTS: SOME LESSONS FROM THE EUROPEAN UNION?

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Vivienne A Lawack-Davids ◽  
Frans E Marx
Keyword(s):  
South Africa ◽  
European Union ◽  
Consumer Protection ◽  
Credit Card ◽  
Third Parties ◽  
The Internet ◽  
The European Union ◽  
Protection Measures ◽  
Payment Instruments

The increase in cyber malls or internet shops presents consumers with a magnitude of goods, including digitized goods and information to choose from. In purchasing these commodities, the internet, in particular, offers the consumer various payment possibilities, such as credit card and online fund transfers to third parties. However, these payment instruments are not flawless. Errors may occur whilst the consumer is making such payment, the system may malfunction or unauthorized payments may be made.The aim of this analysis is to ascertain whether the existing law has measures that would be wide enough to protect a consumer in these instances. The position in South Africa is evaluated against this background and compared with the position in the European Union. 

scholarly journals Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

2017 ◽  
Vol 13 (3) ◽  
pp. 301
Author(s):  
Wenette Jacobs ◽  
Philip N Stoop ◽  
René Van Niekerk
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Common Law ◽  
Fair Value ◽  
Wide Field ◽  
Business Practices ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
The Common ◽  
The Government

South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

Consumer Protection Measures in Non-Life Insurance Contracts: A South African and Australasian Trend?

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Samantha Huneberg
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Consumer Protection ◽  
Life Insurance ◽  
Insurance Industry ◽  
Protection Measures ◽  
Insurance Contracts ◽  
Consumer Protection Act ◽  
Worldwide Phenomenon

Consumer protection has gained prominence in many different industries worldwide. In South Africa, the consumer protection trend was first identified in the promulgation of the National Credit Act and the Consumer Protection Act. Extending protection to the insurance industry has not been far behind. In recent years, South Africa has promulgated new legislative measures specifically aimed at the protection of consumers in relation to insurance contracts (policyholders). This trend is fast becoming a worldwide phenomenon with both Australia and New Zealand also recognising the importance of consumer protection measures in their insurance legislation. This article considers the position in South Africa, Australia and New Zealand with regard to consumer protection measures in insurance legislation within the non-life insurance sphere.

scholarly journals PRODUCT LIABILITY: A CHANGING PLAYING FIELD?

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Christin Gowar
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Product Liability ◽  
New Era ◽  
Law System ◽  
Consumer Law ◽  
Playing Field ◽  
Consumer Protection Act ◽  
The United Kingdom ◽  
The Face

Product liability in South Africa has historically been classified as falling within the sphere of the law of delict generally; with fault being a necessary element for liability. However, this historical classification has changed with the dawn of a new era in consumer law. The Consumer Protection Act 68 of 2008, and more specifically section 61, seems to impose liability without fault on certain parties for harm caused by their goods or products. Section 61, on the face of it, appears to be extremely beneficial for consumers who wish to tackle larger companies and defendants in product liability cases. In practice, though, this may not be the case as section 61 shares a number of similarities with the European Directive on Product Liability of 1985 and the United Kingdom Consumer Protection Act 1987, neither of which has been entirely successful in eliminating fault. This article considers the common-law system which has been applied to product liability cases in the past, and thereafter considers the provisions of the Consumer Protection Act which amend the principles applicable, in order to determine whether section 61 will benefit consumers. The article will further look at how similar provisions in Europe have been interpreted and applied by courts in order to assess the potential problems which might arise fromsection 61 in South Africa. Once these problems have been identified, this article will address a provision which is unique to the South African statute which may go some way in bringing about a different result in South Africa, thereby avoiding the problems faced in Europe.

scholarly journals PENCEGAHAN PENYAKIT AKIBAT JAJANAN SEKOLAH DENGAN EDUKASI KESEHATAN DAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN

2018 ◽  
Vol 2 (2) ◽  
pp. 80 ◽  
Author(s):  
Patricia Gita Naully ◽  
Fiorida Mathilda
Keyword(s):  
Learning Outcomes ◽  
Consumer Protection ◽  
Disease Transmission ◽  
Average Score ◽  
Consumer Protection Act ◽  
Contaminated Food ◽  
Pathogenic Microbes ◽  
Level Of Understanding ◽  
High Level ◽  
The Given

Foodborne disease is an illness caused by food or drink which had been contaminated with pathogenic microbes. This case occurs oftentimes in schools and can affect health, learning outcomes, achievements, and children’s development. Therefore, the disease which caused by food sold in school should be prevented by health and Consumer Protection Act (UUPK) education activities. Community service activities in the form of counseling about the hazards of microbial contaminated food and UUPK in SD Negeri Sariwangi aims to improve the knowledge of students related to it. This activity was conducted six times in July-September 2017. Participants of this activity are every students of SD Negeri Sariwangi, 360 in total. Extension was done by lecturing and “question and answer” method. Evaluation results showed an increase in the average score of students on the given test, from 42 to 75. A total of 75.83% claimed to have a high level of understanding of health materials and 61.1% of UUPK material. This extension can increase students' knowledge of foodborne diseases, the characteristics of microbial contaminated foods, the prevention of disease transmission through snack, and their rights and obligations as consumers are written in the Law of Republic Indonesia Number 8 Year 1999 on Consumer Protection.

The Regulation of False Advertising in South Africa: An Analysis of the Consumer Protection Act 68 of 2008 and Self-Regulation

2021 ◽  
Vol 33 (2) ◽  
pp. 260-288
Author(s):  
Yeukai Mupangavanhu ◽  
Dominique Kerchhoff
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Self Regulation ◽  
Advertising Industry ◽  
Goods And Services ◽  
Additional Layer ◽  
Consumer Protection Act ◽  
Deceptive Advertising ◽  
Consumer Contracts

The Consumer Protection Act 68 of 2008 (CPA) regulates the provision of goods and services, the conclusion of consumer contracts as well as the promotion and marketing of goods and services. It also protects consumers from unscrupulous advertisers who use false and misleading advertisements to induce consumers to enter into contracts which they would otherwise not have concluded. This article seeks to critically analyse the legislative provisions relating to false, misleading, and deceptive advertising, and the seemingly accessible and efficient legal redress mechanism created under the CPA. Self-regulation by bodies such as the Advertising Regulatory Board, which is responsible for the regulation of the advertising industry in South Africa, is also discussed in detail. The article concludes that the co-existence of the CPA and self-regulation is pertinent to ensure that consumers are adequately protected from unscrupulous advertisements. This is because self-regulation provides an additional layer of protection to consumers. It is also argued that the forums created under the CPA should be given powers to declare certain promotional activities and advertisements unfair, unjust or unreasonable.

Digitisation and consumer law in South Africa and Africa

2021 ◽  
Vol 2021 (3) ◽  
pp. 436-455
Author(s):  
S Eiselen
Keyword(s):  
South Africa ◽  
Electronic Commerce ◽  
Consumer Protection ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Model Law

Die digitale revolusie tydens die laaste drie dekades het ’n enorme impak gemaak op die wyse waarop verbruikers en verskaffers tans optree. Hierdie ontwikkeling skep nou nuwe uitdagings vir verbruikersbeskerming en die regulering van verskaffers. Die verbruikersregbeskermingsmodel waarop bestaande verbruikersregwetgewing in Suid-Afrika en wêreldwyd geskoei is, moet opnuut in oënskou geneem word om te bepaal of dit nog in pas is met die eise van die internetverbruikerswêreld. Die artikel skop af met ’n ontleding van die eienskappe van digitale verbruikers en die soort transaksies wat hulle sluit. Daar word ook daarop gewys hoe verskillende veilige betalingsmetodes bygedra het om die vertroue van verbruikers in internethandel te laat groei. Die artikel ontleed die bestaande pogings om verbruikersreg wêreldwyd te harmonieer. Ten spyte van kulturele, sosiale en ekonomiese verskille bestaan daar nogtans ’n wye verskeidenheid van soortgelyke kwessies wat voorkom en wat vatbaar is vir harmoniëring. Dit is veral die geval met betrekking tot die kwessies wat internethandel opwerp. Landsgrense is vinnig besig om te verdwyn en oorgrensverbruikerstransaksies is nou alledaags wat verdere eise aan verbruikersbeskerming stel. Die invloed van die Verenigde Volke se Kommissie vir Internasionale Handelsreg (UNCITRAL) se Modelwet vir Elektroniese Handel en Transaksies (Model Law on Electronic Commerce) van 1996 op die Suid-Afrikaanse reg en verbruikersreg word ontleed. Daar word ook gekyk of die Wet op Elektroniese Kommunikasie en Transaksies 25 van 2002 wat op die Model Law geskoei is nog pasgemaak is om meer onlangse ontwikkelings baas te raak. Daar word ook ’n ontleding gedoen van die wisselwerking tussen die Wet op Elektroniese Kommunikasie en Transaksies 25 van 2002 en die latere Verbruikersbeskermingswet (Consumer Protection Act) 68 van 2008. Die artikel toon hoe die groei van toegang tot slimfone in Afrika tot wyer toegang tot die internet aanleiding gee en daarmee bydra om die sogenaamde digitale gaping te vernou. Dit maak dit nou ook moontlik vir verbruikers in afgeleë landelike gebiede om deel te neem aan internethandel. Daar word verwys na die sukses met die elektroniese bankwese in Oos-Afrika in hierdie proses. Die ontwikkeling van verbruikersreg in Suid-Afrika word as ’n voorbeeld gebruik om aan te toon hoe die plaaslike verbruikersreg wat tot relatief onlangs onderontwikkel was, deur omvattende wetgewing soos die Nasionale Kredietwet 34 van 2005, die Consumer Protection Act (Verbruikersbeskermingswet wat egter nie op Afrikaans uitgegee is nie) 68 van 2008 en die Wet op Beskerming van Persoonlike Inligting 4 van 2013 vernuwe is, maar dat hierdie wetgewing alreeds nie meer voldoende voorsiening maak vir die eise van internethandel nie. Ten slotte word daar breedweg gewys op die vereistes waaraan verbruikersbeskermingswetgewing moet voldoen om voorsiening te maak vir digitale verbruikersbeskerming. Daar word ook aan die hand gedoen dat die feit dat baie Afrika lande se verbruikersbeskermingswetgewing nog onderontwikkeld is, die moontlikheid bied om moderne pasgemaakte maatreëls te ontwikkel met verwysing na verwikkelinge elders in die wêreld sonder om deur die langsame ontwikkelingsprosesse van elders te gaan.

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