A chance to plea for a bargain that wasn’t
Court will bring parties together in search for amicable solutions
NOW disgruntled Gauteng consumers have another weapon in their arsenals — and, like the Small Claims Court, it’s free.
On Friday, the province reactivated its Consumer Affairs Court, which has been dormant for the past few years.
Not only will it confirm settlement agreements mediated by the Gauteng Office of Consumer Affairs, it will also hear cases where attempts to mediate have failed.
The court’s chairwoman is Riette du Plessis, professor of law at the University of theWitwatersrand, and there are another four members, including lawyers and an economist.
Complainants will be represented by the Gauteng consumer protector, attorney Reeva Welman, and the court can weigh in on a range of problems, from cars to retailers, cellphones and building work.
Operating under the authority of the province’s Unfair Business Practices Act, the court is recognised by the national Consumer Protection Act. It will also sit in other municipalities across the province as and when required.
The consumer affairs office shares information with the National Consumer Commission, which handles complaints with national impact as well as class actions. The Gauteng consumer office also has a working relationship with the ombudsman schemes that police various business sectors.
But do such provincial consumer affairs offices have any teeth, I asked Welman.
“It is the mandate of consumer protectors and consumer protection offices to facilitate the resolution of consumer complaints utilising alternative dispute resolution techniques like mediation, negotiation and conciliation,” she said. “These techniques are cheaper, faster and less formal than litigation.”
Welman said the successful resolution of disputes was largely dependent on the level of cooperation between the parties and their willingness to reach a mutually suitable settlement.
“If a settlement cannot be reached, the matter can be referred to the Consumer Affairs Court or even the National Consumer Tribunal for an order.
“Noncompliance with an order of the Consumer Affairs Court or National Consumer Tribunal constitutes a criminal offence,” Welman said.
However, in terms of the Consumer Protection Act, if the supplier is represented by an ombudsman, consumers must first complain to that official.
But if the ombudsman doesn’t have jurisdiction, the consumer READY TO RUMBLE: Gauteng recently reactivated its Consumer Affairs Court, which will hear consumers’ grievances about problems with cars, retailers, cellphones, holiday clubs and building work
A CONSUMER ordered security bars and paid in full, up front, but the installation was substandard. The consumer lodged a complaint with Maxidor, which in January promised in writing, twice, to refund the R3 119 paid.
When the money was not forthcoming, the consumer referred the matter to the Gauteng Office of Consumer Affairs, in February. It sent a letter two days later to the supplier requesting it to resolve the complaint within 24 hours, failing which “we will immediately, without any further notice to yourselves, refer the matter to the Consumer Protector for possible prosecution in the can go straight to the provincial consumer affairs offices.
And when can consumers expect some sort of action by their protector?
Welman promised that “we will acknowledge receipt within 48 hours” of the complaint being lodged with her office.
“Our turnaround time is de- Consumer Affairs Court”.
The complaint was speedily resolved.
A consumer lodged a complaint at the end of January against Board City in Lenasia, using the premier’s hotline. The customer had bought a glass door for R2 800, but it wouldn’t lock. The store gave him the runaround, assuring him someone would be sent to check the door.
When this didn’t happen, the matter was referred to the Gauteng Office of Consumer Affairs. A letter was sent to the store in February giving it three days to repair the door or face further action. The door was repaired two days later. pendent on the complexity of the matter and the level of cooperation between the parties. However, we have a target of resolving at least 50% of our matters within 60 days.”
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PROTECTIVE: Reeva Welman AT Woolworths Loch Logan Waterfront in Bloemfontein for selling “chubby crayon” lipsticks at half-price (R58) without alerting customer Imelita van der Berg to the fact that a special sharpener, priced at more than R100, was needed to use them. Despite her complaint of misrepresentation, the store refused to credit her purchase.
Sunday Smile
AT Ugan Kistan of Pakco, who responded promptly to Roshnee David’s complaint of a poor-quality pack of Trotters Jelly.
Pakco replaced it with a six-pack and a hamper of goodies.
“As a result, I’ve been singing Pakco’s praises and buying more of its products,” said David.
The target is to resolve at least 50% of matters within 60 days