Consumer Protection Law

The Consumer Protection Act 68 of 2008 (the CPA) came into force on 1 April 2011. The CPA applies concurrently with various other pieces of consumer protection legislation such as the National Credit Act, the Electronic Communications and Transactions Act, the Medical Schemes Act, the Foodstuffs, Disinfectants and Cosmetics Act and the Financial and Intermediary Services Act to name but a few. This means that it is always necessary to take an holistic view of the legislative landscape within which a business operates in order to ensure compliance.

Commissioner Mohlala-Mulaudzi's never ending employment saga

Here is the latest on Commissioner Mohlala-Mulaudzi's never ending employment saga. Her contract with the Department of Trade and Industry runs out on 25 August 2012 (or 3 September 2012, both these dates have been reported). She is asking that the renewal of her contract must be considered by someone else, not the DTI. The matter was postponed because neither Mohlala-Mulaudzi nor her advocate appeared in court.

The NCC: 'What a waste'

'An outgoing commissioner, embroiled in legal battles in a bid to save her job; a budget R100 million short of what it should be; a litany of errors in following procedure; and a department stepping in to take control.

These issues are rapidly turning the National Consumer Commission (NCC) into little less than a farce.'

Update on the progress of the Protection of Personal Information Bill

The Portfolio Committee received a briefing from the Department of Justice and Constitutional Development on the work done by the Technical Committee on the Protection of Personal Information Bill on 19 June 2012. The Bill is now in its 7th Working Draft.

NCC 0, Suppliers 3: Yet another compliance notice set aside by the NCT

The National Consumer Tribunal has decided to set the compliance notice issued against Auction Alliance aside last week. Reasons for this decision have not yet been published. This means that the beleaguered company is off the hook for now.

It is the NCC's third straight loss at Tribunal level.

For more information see: http://www.businessday.co.za/Articles/Content.aspx?id=176095.

New Interest Rates after transferring loans out of a Juristic entity

Many of you will be aware that in terms of our amended laws of taxation it is cheaper to have your property in your personal name, than in the name of a juristic entity (such as a company or a trust). Specifically there is a much bigger rebate if the property is held in your own name for Capital Gains Tax than if it is held in the name of a juristic entity.

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