Business Day

Commission hopes hearings give clarity to timeshare sector

- Linda Ensor Political Writer ensorl@bdlive.co.za

The National Consumer Commission is hoping that its public hearings into the timeshare industry will give rise to a single law to “effectivel­y and comprehens­ively” regulate the industry and give consumers the right to participat­e in the affairs of holiday club schemes.

NCC commission­er Ebrahim Mohamed has appealed to consumers to take part in the public inquiry process, which moves to Cape Town this week.

Oral submission­s are preferred, with written submission­s only being considered in exceptiona­l circumstan­ces.

In a statement, Mohamed highlighte­d some of the problems cited during the Pretoria public hearings last week. These included the refusal by holiday clubs to cancel timeshare contracts and oversellin­g of limited accommodat­ion, which leads to the unavailabi­lity of accommodat­ion when consumers attempt to make bookings.

Other preliminar­y findings included the charging of exorbitant levies for the upkeep and maintenanc­e of facilities owned by holiday clubs in spite of a 2014 directive by the South African Revenue Service stating that levies cannot be charged to persons who do not have a title deed and who do not own a property.

Mohamed bemoaned the fact that the timeshare industry was not effectivel­y regulated as different aspects of it are regulated by several different laws and organisati­ons of the state.

“There are currently several pieces of legislatio­n that regulate the vacation ownership industry, which include amongst others the Consumer Protection Act and the National Credit Act, which are probably the most recent laws among the lot, as they were promulgate­d respective­ly, in 2005 and 2008.

“Some of the fundamenta­l regulating legislatio­n such as the Property Timesharin­g Control Act, the Share Block Schemes Control Act and the Sectional Titles Act are clearly very old legislatio­n and probably outdated, given the many changes that have taken place in the industry and society over the many years since their promulgati­on.”

The law should respond to changes in society to remain relevant and effective, he said.

Among those who came forward to make submission­s last week was Ebrahim Mayet, who said he was told upon signing his timeshare contract that he could cancel it at any time, but that the company he bought timeshare from later reneged on this part of the agreement.

The public hearings will take place at the Cape Town Lodge situated at 101 Buitengrac­ht Street from July 11–13.

THERE ARE … SEVERAL PIECES OF LEGISLATIO­N THAT REGULATE THE INDUSTRY

 ?? /File picture ?? Tackling the problems: National Consumer Commission head Ebrahim Mohamed has appealed to consumers to participat­e in the inquiry.
/File picture Tackling the problems: National Consumer Commission head Ebrahim Mohamed has appealed to consumers to participat­e in the inquiry.

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