Regulatory Compliance

Consumer Commissioner Mohlala-Mulaudzi's reign comes to an end

The Department of Trade and Industry has announced that Chief Commissioner Mohlala-Mulaudzi's employment contract will not be automatically renewed when it comes to an end on 3 September 2012. She would of course be free to submit an application for the job. At least, that is the implication of the DTI's statement. I would however hope that those applications have closed given that 3 September is barely 14 days away. However, it is probable that the protracted legal battle between the Commissioner and the DTI has delayed the search for her replacement.

Protection of Personal Information Bill one step closer to being enacted?

According to this Business Day report the Justice Committee may vote on the Bill as early as next week after much deliberation by the Portfolio Committee over the past weeks. This means that the Bill will be one step closer to being tabled in parliament and becoming an Act.

Watch the August edition of the Consumer Law Review for an article on whether the Bill proposes an opt in or opt out approach to direct marketing.

Another one bites the dust: Cell C compliance notice set aside

The NCC has lost another battle before the NCT. The compliance notice which was issued against Cell C for the alleged contraventions of (amongst others) s 14 and s 63 of the CPA has been set aside. These sections deal with cancellation penalties for the early cancellation of subscriber contracts and the validity period of prepaid vouchers for services such as airtime or data bundles, both incredibly important issues for consumers.

Minister of the DTI to decide Commissioner Mohlala-Mulaudzi's fate

Business Day reports that the Chief Commissioner of the NCC has lost her third urgent application in the protracted dispute regarding the renewal of her employment contract when it comes to an end at the end of August. In the latest application Mohlala-Mulaudzi contended that the decision regarding the renewal of her contract should not lie with the Minister of the DTI, but with a parliamentary commission.

'Consumer watchdog gets savage mauling' (Times)

The National Consumer Tribunal was asked to compile a 'confidential report' on the National Consumer Commission. Given the increasingly aggressive tone of the decisions by the NCT and the NCC's papers in the Gauting North High Court it comes as no surprise that it was not favourable. See this article published in the Times.

NCC loses urgent application to review Auction Alliance descision

The National Consumer Commission (NCC) has lost its urgent application to review the National Consumer Tribunal's (NCT) descision to set the compliance notice against Auction Alliance aside (for a full discussion of the battle between the NCC and Auction Alliance see the July edition of Consumer Law Review at

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.


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