Ap­pli­ca­tion

Finweek English Edition - - BUSINESS -

This sec­tion does not ap­ply to any agree­ments be­tween ju­ris­tic per­sons, con­sumers and banks and trans­ac­tion in­volv­ing fran­chises. If a f i xed term con­tract ends only af­ter 1 April 2013, con­sumers au­to­mat­i­cally re­ceive some of the rights in the CPA af­ter 1 April 2011, even i f th­ese conf l ict with the t er ms of t he con­tract. Fi xed t er m in­vest­ments were ex­empted from the pro­vi­sions of the CPA be­cause of the ben­e­fits con­sumers re­ceive from it.

It is also no use for com­pa­nies to hide their can­cel­la­tion terms in the f ine print of an agree­ment, be­cause this is also out­lawed by the CPA, which pro­hibits f ine print and un­fair con­tract terms, in par­tic­u­lar those terms that re­quire you to give up your rights in terms of the CPA. Where to com­plain Con­sumers who want to com­plain about the abuse of f i xed term con­tracts can send their com­plaints to the Na­tional Con­sumer Com­mis­sion, which was es­tab­lished by the Con­sumer Pro­tec­tion Act to han­dle com­plaints in terms of the CPA.

Send an email to NNet­shit­o­mboni@ thencc.co.za, or call the com­mis­sion on 086 026 6786 or send a fax to 086 151 5229 or a let­ter to the Na­tional Con­sumer Com­mis­sion, Pri­vate Bag X84, Pre­to­ria, 0001.

Ina Op­per­man is the co-au­thor of Un­der­stand­ing the Con­sumer Pro­tec­tion Act pub­lished by Juta.

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