Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 6 : Enforcement of ActPart D : Miscellaneous matters115. Civil actions and jurisdiction |
| 1) | If an agreement, provision of an agreement, or a notice to which a transaction or agreement is purported to be subject, has been declared by a provision of this Act to be void, that agreement, provision or notice must be regarded as having been of no force or effect at any time, unless a court has declared that the relevant provision of this Act does not apply to the impugned agreement, provision or notice. |
| 2) | A person who has suffered loss or damage as a result of prohibited conduct, or dereliction of required conduct— |
| a) | may not institute a claim in a civil court for the assessment of the amount or awarding of damages if that person has consented to an award of damages in a consent order; or |
| b) | if entitled to commence an action referred to in paragraph (a), when instituting proceedings, must file with the registrar or clerk of the court a notice from the Chairperson of the Tribunal in the prescribed form— |
| i) | certifying whether the conduct constituting the basis for the action has been found to be a prohibited or required conduct in terms of this Act; |
| ii) | stating the date of the Tribunal’s finding, if any; and |
| iii) | setting out the section of this Act in terms of which the Tribunal made its finding, if any. |
| 3) | A certificate referred to in subsection (2)(b) is sufficient proof of its contents. |
| 4) | An appeal or application for review against an order made by the Tribunal in terms of this Act suspends any right to commence an action in a civil court with respect to the same matter, unless the court orders otherwise. |