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The right to fair and responsible marketing
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The right to disclosure and information
By RYAN MCDONALD
The consumer’s right to disclosure and information is governed by sections 22 to 28 of the Consumer Protection Act (‘the Act’). These rights are based on the idea that consumers must have adequate information to make informed decisions or to exercise their rights.
Right to information in plain and understandable language (section 22)
The key obligation, which carries through to all of the other sections, is that consumers have the right to have information about products and services provided to them in
plain and understandable language. Information includes writing and pictures.
The Act provides guidance in deciding whether something is in ‘plain and understandable language’. It must be reasonable to conclude that an ordinary consumer, with average literacy skills and little experience as a consumer, can easily understand the content, significance and importance of the information. In doing so, t
The right to equality and the right to privacy
By SHAUN BERGOVER
Following the introduction to the Consumer Protection Act (CPA) in last month’s edition, in this article we will be looking at some rights consumers are afforded by the Act. We will specifically be covering the rights to equality and privacy. In our monthly articles throughout this year we will be addressing many other consumer rights.
Protection against discriminatory marketing
Section 8(1) of the CPA deals with a supplier’s duty to treat people fairly, and not to discriminate against consumers unfairly. A supplier in this context is a person who markets any goods or services to the community. This section relates to section 9 of the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act, which list grounds upon which a person cannot be unfairly discriminated against. Some of these listed grounds are race, gender, sex, age, disability and religion.
As a consumer, do you have rights?
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The team of attorneys from the Rhodes University Law Clinic behind a campaign to educate Makhanda residents about their rights as consumers. A monthly series in GMDirect starts this week with an explanation of the laws that give you rights as a consumer and how they are applied in daily life. From left to right (standing) are Ndumiso Khumalo, Shaun Bergover, Ryan McDonald (all three are legal practitioners), Mbulelo Dause (candidate legal practitioner); (seated): Siziphiwe Yuze (legal practitioner), Shoalin Rademeyer, Inga Zenzile (both are candidate legal practitioners) and Jonathan Campbell (legal practitioner). Public information and rights education is one aspect of the work they do. The Law Clinic provides free legal services to indigent people in most areas of law. Its 41 New Street offices are open during ordinary business hours, and its services are available to those members of the public who qualify for assistance in terms of a means test. For more information call 04
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