Consumer Protection Act, 2008 (Act No. 68 of 2008) > Schedule 1 : Amendment of laws

A : National Credit Act, 2005

Amendment of section 27 of Act 34 of 2005

1. Section 27 of the National Credit Act, 2005 (in this Schedule referred to as the principal Act) is hereby amended by the insertion in the words preceding paragraph (a) of the following words before the word ‘‘may’’:

‘‘or the Consumer Protection Act, 2008’’

Amendment of section 31 of Act 34 of 2005

2. Section 31 of the principal Act, is hereby amended by the substitution for subsection (1) of the following subsection:

‘‘(1) The Chairperson is responsible to manage the caseload of the Tribunal in terms of this Act or any other legislation, and must assign each application or other matter referred to the Tribunal in terms of this Act or any other legislation to—

(a) a member of the Tribunal, to the extent that this Act, section 75 (5) of the Consumer Protection Act, 2008, or any other legislation provides for a matter to be considered by a single member of the Tribunal; or

(b) a panel composed of any three members of the Tribunal, in any other case.’’.

Insertion of section 126A in Act 34 of 2005

3. The following section is hereby inserted after section 126:

‘‘Restrictions on certain practices relating to credit agreements

126A. (1) A person must not promote, offer to supply, supply or induce any person to accept the supply of any service that has as its dominant function—

(a) the breaching of a credit agreement; or

(b) the unauthorised transfer of any right of a credit provider under a credit agreement to a third person.

(2) Subsection (1)(b) does not apply in respect of—

(a) any negotiation, by an attorney on behalf of a consumer, with the credit provider concerned; or

(b) any action carried out by, on behalf of or with the permission of the credit provider concerned.

(3) A person who offers to supply, or supplies, any service for the express or implied purpose of—

(a) improving a consumer’s credit record, credit history or credit rating; or

(b) causing a credit bureau to remove credit information from its records concerning that consumer,

may not charge a consumer, or receive any payment from the consumer, for the credit repair service until that service has been fully performed, and must provide each consumer with a disclosure statement in the prescribed manner and form.

(4) Subsection (3) does not apply in respect of any credit repair service rendered by an attorney, or a registered credit bureau.

(5) A person who offers to supply, or supplies—

(a) any service for the express or implied purpose of investigating fees, charges or interest charged on a credit agreement; or

(b) a computer software programme originating within the Republic, which is programmed to calculate fees, charges, or interest charged on a credit agreement, for valuable consideration,

must provide each consumer of the service or software, as the case may be, with a disclosure statement in the prescribed manner and form.

(6) This section does not apply to a debt counsellor in respect of any action authorised in terms of this Act.’’.

Insertion of section 141A in Act 34 of 2005

4. The following section is hereby inserted after section 141:

‘‘Extended application of this Part

141A. This Part applies to any matter before the Tribunal irrespective of whether the matter arises in terms of this Act or any other legislation.’’.

Amendment of section 142 of Act 34 of 2005

5. Section 142 of the principal Act is hereby amended—

(a) by the substitution for paragraph (b) of subsection (3) of the following paragraph:

‘‘(b) consent orders in terms of this Act or the Consumer Protection Act, 2008;’’; and

(b) by the substitution for subsection (4) of the following subsection:

‘‘(4) At the conclusion of a hearing, the Tribunal must make [any] an order permitted in the circumstances in terms of this Act, or the Consumer Protection Act, 2008, and must issue written reasons for its decisions.’’

Amendment of section 143 of Act 34 of 2005

6. Section 143 of the principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

‘‘(a) The National Credit Regulator, or the National Consumer Commission in the case of a matter arising in terms of the Consumer Protection Act, 2008;’’.

Amendment of section 147 of Act 34 of 2005

7. Section 147 of the principal Act is hereby amended—

(a) by the insertion at the end of paragraph (a) of subsection (2) of the following words:

‘‘or section 75(1)(b) of the Consumer Protection Act, 2008, as the case may be’’; and

(b) by the insertion at the end of paragraph (b) of subsection (2) of the following words:

‘‘or section 75(1)(b) of the Consumer Protection Act, 2008, as the case may be’’.

Amendment of section 148 of Act 34 of 2005

8. Section 148 of the principal Act is hereby amended by the insertion at the end of

paragraph (b) of subsection (2) of the following words:

‘‘or section 69(2)(b) or 73 of the Consumer Protection Act, 2008, as the case may be’’.

Amendment of section 150 of Act 34 of 2005

9. Section 150 of the principal Act is hereby amended—

(a) by the insertion in the words preceding paragraph (a) of the following words before the word ‘‘including’’:

‘‘or the Consumer Protection Act, 2008,’’;

(b) by the insertion in paragraph (d) of the following words immediately after the word ‘‘Act’’:

‘‘or the Consumer Protection Act, 2008’’; and

‘‘or the Consumer Protection Act, 2008’’.

Amendment of section 151 of Act 34 of 2005

10. Section 151 of the principal Act is hereby amended—

(a) by the substitution for subsection (1) of the following subsection:

‘‘(1) The Tribunal may impose an administrative fine [only in the circumstances expressly provided for] in respect of prohibited or required conduct in terms of this Act or the Consumer Protection Act, 2008.’’

(b) by the insertion in the words preceding subsection (2)(a) of the following words immediately after the word ‘‘Act’’:

‘‘, or the Consumer Protection Act, 2008,’’;

‘‘, or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008,’’; and

(d) by the insertion in subsection (3)(g) of the following words immediately after the word ‘‘Act’’:

’’, or the Consumer Protection Act, 2008, as the case may be’’.

Amendment of section 152 of Act 34 of 2005

11. Section 152 of the principal Act is hereby amended—

(a) by the insertion at the end of paragraph (a) of subsection (1) of the following words:

‘‘, or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008’’;

(b) by the insertion at the end of paragraph (b) of subsection (1) of the following words:

‘‘, or provincial consumer protection authority, in the case of a matter arising in terms of the Consumer Protection Act, 2008’’;

‘‘, or, in the case of a matter arising in terms of the Consumer Protection Act, 2008, an alternative dispute resolution agent as defined in that Act’’.

(d) by the insertion of the words immediately after ‘‘Regulator’’ in subsection (2) of the following words:

‘‘, or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008,’’.

B: Electronic Communications and Transactions Act, 2002

Amendment of section 1 of Act 25 of 2002

1. Section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), is hereby amended by—

(a) the deletion of the definition of ‘‘Consumer Affairs Committee’’; and

(b) the insertion before the definition of ‘‘consumer’’ of the following definition:

‘‘Commission’’ means the National Consumer Commission as defined in section 1 of the Consumer Protection Act, 2008;

Amendment of section 49 of Act 25 of 2002

1. Section 49 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) is hereby substituted for the following section:

49. Complaints to [Consumer Affairs Committee] Commission

A consumer may lodge a complaint with the [Consumer Affairs Committee] Commission in respect of any non-compliance with the provisions of this Chapter by a supplier.’’

Substitution of expression in Act 25 of 2002

3. The Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) is hereby amended by the substitution for the expression ‘‘Consumer Affairs Committee’’, wherever it occurs in the Act, of the expression ‘‘Commission’’.

C: Lotteries Act, 1997

Amendment of section 1 of Act 57 of 1997

1. Section 1 of the Lotteries Act, 1997 (Act No. 57 of 1997) is hereby amended by the substitution for the definition of ‘‘promotional competition’’ of the following definition:

‘‘promotional competition’’ has the meaning set out in section 36 of the Consumer Protection Act, 2008’’.

Repeal of section 54 of Act 57 of 1997

2. Section 54 of the Lotteries Act, 1997 (Act No. 57 of 1997), is hereby repealed.

Consumer Protection Act, 2008 (Act No. 68 of 2008)

Schedule 1 : Amendment of laws

(Section 121(1))